Our oldest daughter is entering her senior year of high school. Apparently, this means we are supposed to celebrate.
A lot.
My social media feed is filled with suggestions: Gifts on the 27th of every month because she graduates in 2027. Twelve gifts to celebrate twelve years of school. Buying perfectly good jeans and painting them to commemorate senior year.
Although I am not sold on these suggestions, I am looking forward to watching her experience milestones throughout the year. Her last first day of school… college applications… senior pictures… her last Homecoming… college acceptance letters… Prom… her last swim meet… her last soccer game… becoming an adult.
For 18 years, we spend our time preparing our children for adulthood. We teach them. We guide them. We encourage them to become independent.
But before they leave the nest, there is an often-overlooked to-do that should be added to their list: executing power of attorney documents.
When Your Child Turns 18, Things Change
One of the biggest surprises for many is that when a child turns 18, parents are no longer authorized to make decisions or handle matters on their behalf.
The law recognizes them as adults.
Imagine your child is away at college and something unexpected happens. Maybe they are involved in an accident. Maybe they experience a medical emergency. Maybe they are temporarily unable to handle an important financial or legal matter.
I am not advocating helicopter parenting. They are going to have to learn to manage a lot on their own. That is how they continue to grow.
But what if something happens and they literally cannot act for themselves?
Two Documents Every Young Adult Should Consider
The good news is that this is not necessarily complicated. There are two documents that can make a tremendous difference if something catastrophic happens.
Health Care Power of Attorney
A Health Care Power of Attorney allows your child to name someone they trust to make health care decisions for them if they are unable to make those decisions themselves.
For a newly minted 18-year-old, this may be one of the most important estate planning documents they can have.
Without the appropriate legal authority, you may find yourself in the incredibly frustrating position of knowing your child needs help but not having the ability to make decisions on their behalf.
And while none of us wants to imagine sitting in a hospital waiting room while our child is hurt or seriously ill, it is exactly the kind of situation where planning ahead can make an enormous difference.
Durable Power of Attorney for Finances and Property
A Durable Power of Attorney for Finances and Property allows your child to name someone they trust to assist with financial and property matters.
Your 18-year-old probably has numerous digital accounts, a bank account, possibly a car. If they are ever unable to handle those assets themselves, having someone with the appropriate legal authority can be incredibly helpful. It can also become especially important if your child is injured in an accident caused by someone else. The appropriate power of attorney may allow you to communicate with insurance companies, handle financial matters, and take other legal action on their behalf.
This Isn’t About Expecting Something Bad to Happen
You may be thinking: My child is healthy. They’re young. What could possibly happen?
Hopefully, nothing.
Estate planning is not about expecting something bad to happen.
It is about recognizing that life occasionally throws you a curve ball. We buy homeowners insurance even though we don’t expect to have a house fire. We wear seatbelts even though we don’t plan on crashing our cars.
And we create powers of attorney because sometimes the unexpected happens.
Add It to the Senior-Year Checklist
So, if you have a child heading into their senior year of high school, enjoy every bit of it.
- Take the senior pictures.
- Go to the football games.
- Celebrate the college acceptances.
- Buy the prom dress.
- Take approximately one million pictures.
And somewhere between all of these milestones, talk to your child about Power of Attorney Documents.
While we cannot slow down time, we can make sure that our children have a plan in place before they head out into the world. And if life throws them something they cannot handle on their own, you will be glad you took the time to plan ahead.
Questions parents ask
Common questions
- At what age does my child need their own power of attorney?
At 18. Under Wis. Stat. § 155.05, anyone who is 18 and of sound mind can sign a health care power of attorney, and the same is true for a financial power of attorney under Wis. Stat. ch. 244. Before that birthday, you are the legal decision-maker. After it, your authority ends, whether or not they still live at home. That is why this belongs on the senior-year list rather than the move-in-day list.
- What happens if my 18-year-old has no power of attorney and cannot make decisions?
Wisconsin does not have a broad "next of kin" law that automatically lets parents make medical or financial decisions for an adult child. Apart from a narrow rule for certain facility admissions (Wis. Stat. § 50.06), the fallback is asking the circuit court to appoint a guardian under Wis. Stat. ch. 54. That is a public court proceeding, filed in the county where your child lives, and it takes time and money at exactly the moment you would rather be at the bedside. Two signed documents avoid it.
- Does signing a power of attorney take away my child's independence?
No. Your child stays in charge of their own decisions. A health care power of attorney does nothing until two physicians (or a physician and an advanced practice clinician) who examine your child certify in writing that they cannot make their own health care decisions (Wis. Stat. § 155.05). A financial power of attorney can be written to take effect immediately or only if that day ever comes (Wis. Stat. § 244.09). Your child chooses the agent, can name a backup, and can revoke either document at any time (Wis. Stat. § 155.40 and Wis. Stat. § 244.10).
- Who should my child name as their agent?
Many students name a parent as the primary agent and a second person as backup: the other parent, an older sibling, an aunt or uncle, a trusted family friend. What matters is that the person is reachable, level-headed in a crisis, and willing to serve. Talk with the agent before anything is signed, so the first time they hear about the job is not in an emergency room.
- Can't we just download the free state forms?
The state forms are better than nothing, but they are bare-bones. Rebecca's documents are more robust: they cover a lot of situations that come up for young adults all the time and are simply not addressed in the state forms. Working with an attorney also means your family has an advocate if a hospital, bank, or insurer hesitates to accept the document, and someone who makes sure the signed documents are where they need to be if an emergency actually happens. The signing rules that trip families up are handled in the office too: a health care power of attorney needs two adult witnesses who are not related to your child (Wis. Stat. § 155.10), and a financial power of attorney should be acknowledged before a notary (Wis. Stat. § 244.05).
- Will a power of attorney let me see my child's grades or talk to the school?
No. Education records are covered by a federal law called FERPA, and once a student turns 18 or enrolls in college those rights belong to the student, not the parent. Most colleges have their own consent form a student can sign if they want you to have access. Health information works a little differently: providers can share with the agent named in a health care power of attorney once it takes effect, and a separate HIPAA authorization, which many families sign at the same time, lets providers talk with you even when your child is perfectly capable of making their own decisions.
- Our child is headed out of state. Is a Wisconsin power of attorney still valid there?
Generally, yes. Most states recognize a power of attorney that was validly signed in another state, and Wisconsin returns the favor for health care powers under Wis. Stat. § 155.70 and for financial powers under Wis. Stat. § 244.06. For a student who will spend four years somewhere else, some families also sign that state's own form so a hospital or bank there sees paperwork it recognizes instantly. It is a quick question to ask before move-in day.
- Where should the signed documents live?
Keep the originals somewhere safe at home and give copies to the agent and the backup. Have your child keep a photo of each document on their phone, and ask the campus health service or their regular clinic to add the health care power of attorney to their chart. In an emergency, the document only helps if someone can produce it.
Resources
Statutes, guides, and local courts
Official sources for the points above. They open in a new tab and are maintained by the state, the courts, or the agencies named, not by Rebecca Mason Law. The court links are where a family would have to file for guardianship if there were no power of attorney: the circuit court for the county where the young adult lives.
Wisconsin statutes
- Wis. Stat. ch. 155: Power of Attorney for Health Care The chapter that governs the health care power of attorney, including who can sign one and what an agent may decide.
- Wis. Stat. § 155.10: Signing requirements and who may witness Two adult witnesses, neither related to the signer by blood, marriage, or adoption.
- Wis. Stat. ch. 244: Uniform Power of Attorney for Finances and Property Durable by default, effective when signed unless the document says otherwise, and protected against refusal by banks.
- Wis. Stat. ch. 54: Guardianship The court process a family may be left with when an adult has no power of attorney.
Plain-language guides
- Wisconsin State Law Library: Power of Attorney Neutral overview with links to forms, statutes, and guides.
- Wisconsin Court System: probate and guardianship self-help What a guardianship filing involves, from the courts themselves.
- U.S. Department of Education: A Parent Guide to FERPA Why a power of attorney does not unlock college records, and what does.
Local courts
- Racine County Circuit Court: Probate Court Racine County Courthouse, 730 Wisconsin Ave., Racine. Guardianships and protective placements are filed here.
- Kenosha County Circuit Court: guardianship information Kenosha County Courthouse, 912 56th St., Kenosha. Covers students at Carthage and UW-Parkside.
- Milwaukee County Circuit Court: Probate Court Milwaukee County Courthouse, 901 N. 9th St., Room 207. Covers students at UW-Milwaukee, Marquette, and MSOE.
- Dane County Circuit Court: guardianship Dane County Courthouse, 215 S. Hamilton St., Madison. Covers students at UW-Madison and Edgewood.
- Wisconsin Court System: circuit court directory for every county Addresses and phone numbers for the courthouse in any Wisconsin county.
Photos: Spaights Plaza, UW-Milwaukee by Caelb375, CC BY 4.0, cropped · Straz Center, Carthage College by Kenneth C. Zirkel, CC BY-SA 4.0, cropped · Student Center, UW-Parkside by Tallisguy00, CC BY-SA 3.0, cropped
