Making Provision for Your Children When They’re Legally Adults, But Not Yet Independent
For many families, turning 18 and going to university marks an exciting milestone. It’s a time filled with new opportunities, greater independence and the start of adult life.
However, while your son or daughter may still rely on you financially and emotionally, the law sees things rather differently.
Once they turn 18, they become a legal adult. This means that, even as a parent, you no longer have the automatic right to make decisions on their behalf or access important information if something unexpected happens.
It’s not something many families think about, but taking a few simple legal steps before your child leaves for university can provide valuable peace of mind.
Turning 18 Changes Your Legal Rights
Parents are often surprised to learn that once their child reaches the age of 18, their legal authority comes to an end.
If your child were to become seriously ill or lose the ability to make decisions due to an accident or illness, medical professionals cannot automatically discuss their treatment with you or allow you to make decisions on their behalf.
Similarly, banks, universities and other organisations may be unable to speak to you about your child’s affairs without their permission.
While these rules exist to protect an adult’s privacy, they can make an already stressful situation even more difficult for families.
Lasting Powers of Attorney Aren’t Just for Older People
When people hear the term Lasting Power of Attorney (LPA), they often assume it’s something only older people need.
In reality, every adult should consider putting LPAs in place, regardless of their age.
There are two types of Lasting Power of Attorney:
- Property and Financial Affairs LPA, allowing someone they trust to help manage finances if they are unable to do so.
- Health and Welfare LPA, allowing trusted individuals to make decisions about medical treatment and care if they lose mental capacity.
For a young adult living away from home for the first time, these documents can provide reassurance for both them and their family.
Reviewing Your Own Will
Sending children to university is also a good opportunity for parents to review their own estate planning.
If your Will was written when your children were much younger, it may no longer reflect your family’s circumstances.
Questions worth considering include:
- Are your executors still the right people?
- Are your children old enough to inherit outright?
- Would a trust offer greater protection?
- Have your financial circumstances changed?
- Have you recently bought or sold property?
A regular review helps ensure your Will continues to reflect your wishes and provides the right level of protection for your family.
Protecting Young Adults Financially
Many parents continue to support their children well into adulthood, whether that’s paying university fees, helping with rent or contributing towards a first home.
Good estate planning can ensure those intentions are reflected appropriately within your Will.
Depending on your circumstances, it may be sensible to consider trusts or staggered inheritance arrangements rather than assets passing outright at a young age.
Every family is different, so taking tailored legal advice is always worthwhile.
A Small Conversation That Can Make a Big Difference
Leaving for university is a major life event, making it an ideal time to have conversations that often get put off.
Discussing Wills, Lasting Powers of Attorney and future planning may not be at the top of anyone’s packing list, but these simple legal documents can provide clarity and reassurance should the unexpected happen.
Having them in place means everyone knows where they stand, allowing families to focus on supporting their children through the exciting next chapter of their lives.
How Bennett Oakley Can Help
At Bennett Oakley Solicitors, our experienced Private Client team helps individuals and families put the right legal arrangements in place for every stage of life.
Whether you’re reviewing your Will, considering a Lasting Power of Attorney, or planning how best to protect your family’s future, we’re here to provide clear, practical advice tailored to your circumstances.
If your son or daughter is preparing to leave for university, now could be the perfect time to make sure the right legal protections are in place for the whole family.
To find out more about Wills, Lasting Powers of Attorney or estate planning, contact Bennett Oakley’s Private Client team today.
