Estate Planning for Young Adults: Why It’s Important and How to Get Started


Estate planning might seem like something only older adults need to worry about, but the truth is that it’s essential for young adults as well. Whether you’re just starting college, embarking on a new career, or planning for future family needs, having a solid estate plan in place can protect your interests and provide peace of mind. This guide will cover the crucial elements of estate planning for young adults, including privacy rules, necessary planning documents, health-related documents, financial documents, FERPA waivers, and wills.

Privacy Rules and Young Adults

When you turn 18, you are legally an adult. This change in legal status means your parents no longer have automatic access to your medical, financial, or educational records. Understanding privacy rules is critical because without proper planning, even your closest family members might face significant obstacles in assisting you in an emergency.

Health Insurance Portability and Accountability Act (HIPAA)

HIPAA protects your medical information, ensuring it remains confidential. This means that, without your explicit permission, healthcare providers cannot share your medical information with anyone, including your parents. To ensure your loved ones can make informed decisions about your health if needed, a HIPAA authorization form should be part of your estate plan.

Family Educational Rights and Privacy Act (FERPA)

FERPA protects the privacy of your education records. After turning 18, your educational records are also protected, meaning parents or guardians can’t access them without your consent. A FERPA waiver can grant them access, ensuring they can support you if issues arise regarding your academic life.

Essential Estate Planning for Young Adults

Health-Related Documents

Medical Power of Attorney

A Medical Power of Attorney allows you to designate someone you trust to make medical decisions on your behalf if you’re unable to do so. This ensures that your medical care aligns with your wishes even if you’re incapacitated.

HIPAA Authorization

As mentioned earlier, a HIPAA authorization permits healthcare providers to share your medical information with designated individuals. This is crucial for allowing family members or trusted friends to access necessary information in emergencies.

Advanced Directive/Living Will

An advanced directive, also known as a living will, outlines your preferences for end-of-life medical care. It details the types of life-sustaining treatments you do or do not want, providing guidance to your loved ones and healthcare providers.

Financial Documents

Durable Power of Attorney

A Durable Power of Attorney designates someone to handle your financial affairs if you become incapacitated. This includes managing bank accounts, paying bills, and making investment decisions. Choosing a trustworthy person for this role is essential to ensure your finances are managed correctly.

FERPA Waiver

A FERPA waiver grants your parents or designated individuals access to your educational records. This can be critical for those still in school, ensuring that trusted individuals can assist with academic or administrative issues.

Creating a Will

Even young adults should have a will. A will outlines how you want your assets distributed upon your death. This can include personal belongings, savings, and other assets. Without a will, state laws determine the distribution of your estate, which might not align with your wishes.

Why Estate Planning is Crucial for Young Adults

Estate planning is not just for the wealthy or older adults. For young. adults, it insures that:

  • Your medical and financial decisions are made by people you trust.
  • Your healthcare preferences are respected.
  • Your family can access necessary information and records.
  • Your assets are distributed according to your wishes.

Protecting Your Digital Assets

In today’s digital age, young adults often have a significant number of digital assets, such as social media accounts, online banking, and digital files. Including instructions for handling these assets in your estate plan can prevent them from becoming inaccessible or lost.

Getting Started with Estate Planning

Starting your estate planning might seem like a very difficult task, but it’s a straightforward process with the right guidance. Here are 4 easy steps to get started:

  1. Identify Trusted Individuals: Decide who you want to designate as your medical and financial powers of attorney.
  2. Gather Important Information: Collect your personal, medical, and financial information.
  3. Consult an Estate Planning Attorney: An experienced attorney can help you drive and finalize your documents, ensuring they comply with Texas law and accurately reflect your wishes.
  4. Communicate Your Plan: Make sure your designated individuals know about your estate plan and where to find your documents.

Conclusion

Estate planning for young adults is a proactive step that can safeguard your interests and provide peace of mind. By understanding the privacy rules that apply, preparing essential health and financial documents, and creating a will, you can ensure that your wishes are respected and that those you trust are empowered to make decisions on your behalf. Don’t wait until it’s too late – start your estate planning today and protect your future.