Estate Planning for Young Adults in Orange County

As a parent, you are most likely quite accustomed to managing the legal and medical affairs of your children, as circumstances require. This is especially true if you’ve already considered estate planning for children.

As a brand new adult, you’re probably used to the doctor’s office calling your mom with your test results or one of your parents picking up a copy of your birth certificate or other records for you. That type of assistance can be even more important if you’re away at college and can’t run those errands on your own.

If a teenager is hospitalized, their parents have the right to talk to treating physicians and even make medical decisions.

But the day a “child” turns 18, he or she becomes an adult in the eyes of the law and has the legal rights of an adult. In some ways, that’s great for the young adult. But it can also mean unexpected problems, from a parent no longer being able to conduct routine business for the child, who may even still be in high school, to complications in dealing with the insurance company when the young adult is covered on a parent’s policy.

Young Adult Estate Planning Attorneys

As experienced Orange County attorneys for estate planning, our lawyers have seen first-hand the complications that sometimes confront families with young adult children.

Of course, every situation is different, and a young adult has the right to determine what information they want to share and authority they want to grant. The problem is that many families don’t think about this issue at all until they need to act and hit a legal wall. The time for young adult estate planning is soon after the child turns 18, not when a crisis arises.

What Are Your Rights as the Parent of a Young Adult?

Without the proper legal documents in place, accessing medical information, and even being informed about your adult child’s medical condition can be difficult and in some cases, impossible.

Make sure you will be able to help your young adult by having in place a legal estate plan that everyone over 18 needs.

To learn more, download our Young Adult (Age 18+) Planning Guide where you learn what is legally necessary so you continue to have the legal authority to care for your adult child.

Common Elements in Estate Planning for Young Adults

The best estate plan is one that’s tailored to your needs. That means the best way to determine exactly what types of estate planning documents you need is to consult an experienced young adult estate planning attorney in Orange County.

Some of the most common types of documents included in a young adult’s estate plan include:

A power of attorney, which authorizes one or both parents or another trusted adult to conduct certain types of business on the young adult’s behalf
A medical power of attorney, which authorizes one or both parents or another trusted adult to make medical decisions when the young adult isn’t able to do so themselves (in California, this is typically part of an advance directive for healthcare, not a standalone document)
A HIPAA release authorizing specific family members to access medical information or speak to medical providers

Your estate planning attorney will explain the purpose of each of these documents and any others they may recommend.

Does a Young Adult Need a Will?

You should talk with your young adult estate planning attorney about whether the new adult in your family needs a will. Many young adults don’t see the benefit in having a will because they don’t have a lot of assets and don’t have spouses and children to provide for.

In California, if an adult who never married or had children dies without a will, the state’s law of intestate succession says the parents receive their entire estate. So, if that is the young adult’s intent, a will may not be strictly necessary. However, depending on your specific circumstances, some estate planning attorneys will recommend a will in addition to the documents described above.

When Should a Young Adult Consult an Estate Planning Attorney in Orange County?

The ideal time to consult an estate planning lawyer is shortly before the child turns 18. Though they won’t be able to execute documents until after their 18th birthday, it can take time to talk through the options and have the documents drafted. Getting an early start can help prevent a disruption to the way your family has always operated.

If the child has already turned 18, the next best time to act is as soon as possible. The very last thing either the parent or the young adult wants is to be confronting these issues unexpectedly when a crisis arises.

The Morgan Law Group is Here for Your Family

Our Orange County estate planning attorneys know how important it is for young adults and their parents to have accurate information about the changes that occur automatically when the child becomes a legal adult.

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Related Estate Planning Services in Orange County

At Morgan Law Group, we provide comprehensive services that go beyond young adult planning, ensuring your family is fully protected no matter the situation:

Estate Planning Attorneys: From simple wills to advanced trusts, we help Orange County families create estate plans tailored to their unique needs.
Incapacity Planning: Ensure your financial and medical decisions are handled by someone you trust if you ever become unable to manage them yourself.
Special Needs Trusts: Protect loved ones with disabilities while preserving access to essential government benefits.
Elder Law Services: Guidance on long-term care, Medicaid planning, and protecting assets as you age.
Prenuptial Agreements: Establish financial clarity and protect your assets before marriage.
Asset Protection: Safeguard your wealth and property from potential lawsuits, creditors, or other risks.
Trust Amendments: Keep your trust documents current as life circumstances change.
Trust Creation and Administration: Establish, update, and manage trusts with experienced legal support.
Probate Services: Compassionate assistance navigating California’s probate process after the loss of a loved one.

Our Orange County estate planning attorneys are here to guide you and your family through every stage of life with comprehensive planning and trusted legal counsel.

Young Adult Estate Planning FAQs

Why is estate planning important for young adults?

Estate planning for young adults is important for two distinct reasons. First, once a child reaches adulthood, their parents are no longer automatically able to help them with a wide range of tasks they may have always handled. For example, when a high school senior turns 18, the doctor they’ve been seeing their whole life is no longer allowed to call a parent with their test results. With estate planning, the young adult is able to make conscious decisions about how those issues are handled.

The other reason is that unexpected things happen. While most young adults aren’t thinking about the possibility of death or incapacity, a sudden event like a car accident could leave them–even temporarily–unable to pay their bills or make medical decisions. Estate planning allows for a pre-authorized back-up plan in case an emergency happens.

What should young adults include in their first estate plan?

Every estate plan is different, and the best way to determine what works for your family is to consult an attorney experienced with estate planning for young adult children. Common documents in a first estate plan might include a simple will, an advance healthcare directive with an appointment of a healthcare proxy, and a power of attorney to allow a parent or other trusted person to manage their financial affairs if they were unable.

How can estate planning for young adult children protect their future finances?

What documents are essential for young adults, such as wills, trusts, or powers of attorney?

Most young adults should have, at a minimum, a will, an advance healthcare directive that includes appointment of someone to make medical decisions if they are unable, and a power of attorney. However, what is essential for a particular person will depend on their assets, their goals, the people they want to entrust decisions to, and the people they want to inherit if they should pass away prematurely.

The best way to determine what’s needed in your situation is to consult an attorney who has extensive experience with estate planning for young adults.

How often should young adults update their estate planning documents?

At a minimum, everyone should review their estate planning documents every three to five years. However, there are many events that may trigger the need for review sooner. For example, a young adult should review their estate plan if they marry, if they have a child, when they start a full-time job with benefits, when a parent passes away, and whenever a major life event may impact who they want making decisions and who they want to provide for.

Can young adults use estate planning to prepare for unexpected medical or financial situations?

Absolutely. Preparing for the possibility of serious illness or injury is one of the key reasons young adults need estate planning documents. At 17, their parents will automatically be consulted when they’re in need of medical intervention. At 18, they become legally independent, meaning mom and dad don’t have full access to medical information and don’t automatically get to make decisions for them. This can be especially problematic when the two parents may not agree on how best to proceed.

Estate planning for young adult children allows them to choose who will be making those decisions if they are unable, and to provide some direct instructions on major decisions to their future medical care providers.

What are common mistakes young adults make when creating an estate plan, and how can they avoid them?

The biggest mistake young adults (and many older adults) make with estate planning is failing to plan. The next most common is attempting to cover their bases without adequate information. For example, some generate documents like a will or power of attorney online without fully understanding what the document needs to accomplish or what the language in the document means. That can mean there are gaps in the plan, or even that they have built in something they don’t actually want.

The best way to avoid these issues is to take the initiative to talk to an estate planning attorney soon after turning 18.