Your Child is 18: Protecting Your Young Adult Under Florida Law

As soon as your child turns 18 in the State of Florida, they are legally an adult. Even if they are still living in your Ocala home, attending College of Central Florida, or remaining on your health insurance, your legal "parental rights" have effectively expired. As a parent, you no longer have the automatic right to view their grades, access their bank accounts, or—most critically—make medical decisions if they are injured or incapacitated. In Florida, this transition makes a "Young Adult Emergency Suite" of documents essential. This isn't about wealth; it’s about ensuring you aren't locked out of their life during a crisis. For example, if your child is in a car accident on the way to a Gators game in Gainesville or suffers a medical emergency while studying at Florida State University in Tallahassee, you could find yourself powerless to help without the right legal documents in place.

1.     Florida Designation of Health Care Surrogate

In Florida, what is commonly called a "Healthcare Proxy" is officially known as a Designation of Health Care Surrogate. This document allows your child to appoint you as the person authorized to make medical decisions if they cannot do so. Without it, if your child has an accident on I-75, suffers heat exhaustion during a University of Florida football game, or experiences a sports injury at school, Florida doctors might hesitate to share information or follow your instructions without a court-ordered guardianship—an expensive, public, and slow process. By designating a surrogate, your child guarantees you can immediately consult with physicians at AdventHealth Ocala, UF Health Shands Hospital in Gainesville, or HCA Florida Ocala Hospital. This is especially important considering the frequent student travel and active lifestyles in Florida’s college communities.

2.     HIPAA Authorization

Even if your child is conscious and stable, providers cannot share medical updates with you due to the Health Insurance Portability and Accountability Act (HIPAA). A Florida-specific HIPAA Release enables your child to give you access to their protected health information. This is especially important if your child is at a university like UF, FSU, Florida Atlantic University, or the University of South Florida, and you need to check on their health after a minor illness, injury at a campus event, or mental health issue. Florida’s thriving campus life means students are often involved in activities—like boating, club sports, or spring break trips—where accidents can happen, and timely communication is vital.

3.     Florida Durable Power of Attorney (DPOA)

A Durable Power of Attorney is perhaps the most powerful document in a Florida estate plan. It grants you the authority to manage your child’s financial and legal affairs, a critical tool as your child navigates living independently in Florida, from Miami to Jacksonville. Whether your child attends a private college in Tampa or is working part-time in Orlando, a DPOA lets you assist them with critical life tasks if they are unable to act for themselves.

In Florida, a DPOA is "durable," meaning it remains effective even if your child becomes incapacitated. Many Marion County parents are shocked to find that banks will refuse to discuss an account—even one the parent is funding—once the child turns 18. This is true whether your child banks with a local institution or with a national bank. With a DPOA, you can:

• Sign a lease or a cell phone contract on their behalf.

• Access bank accounts to pay tuition or rent.

• Interact with the FAFSA or financial aid offices.

• Manage "Digital Assets." Florida has specific laws—such as the Revised Uniform Fiduciary Access to Digital Assets Act—which allow you, as the DPOA agent, to access your child’s social media accounts, email, and cloud storage if needed. This is particularly relevant for Florida students who may run small businesses online or store important coursework in the cloud.

4. Why a "Simple Will" Matters in Florida

While most 18-year-olds don't have a large estate, Florida’s intestacy laws govern how assets are distributed if someone dies without a Will. If your child has a vehicle titled in their name, a modest savings account at your local credit union, or a scooter for getting around a college campus like UCF, a simple Florida Will ensures those assets, along with sentimental items, pass smoothly. It also allows them to designate who should manage their digital legacy, from Instagram accounts to cryptocurrency. Without a Will, families in Florida can face delays in probate court, adding stress during an already difficult time.

The Conversation: A Safety Net, not a Tether

At Sevilla Law, we encourage Ocala families to view these documents not as a loss of the child's independence but as a "safety net." Establishing these protections is an adult responsibility that helps keep the parental support system intact during emergencies. In Florida, where hurricanes, boating accidents, and campus activities are common, these legal documents provide an essential safety net for families facing the unexpected.

Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. It is essential to consult with an experienced attorney for personalized guidance relevant to your specific circumstances.