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What Happens to Medical Decisions When Your Child Turns 18? An Indiana Parent’s Guide

When your child turns 18, Indiana law recognizes them as a full legal adult. That includes their medical care. Here’s what changes on that eighteenth birthday, and the three documents that keep the door open.

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by

Natalia Sanmartin Gil
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TL; DR – Here is the shorter version

  • The day your child turns 18, Indiana law makes them a legal adult. That means you no longer have automatic access to their medical information, authority to make healthcare decisions on their behalf, rights to their school records, or even full access to bank accounts you helped set up.
  • HIPAA, Indiana’s healthcare representative statute, and federal education law all apply the moment that birthday happens. The fix is not complicated. A HIPAA authorization, a Healthcare Representative Appointment, a FERPA release, and a General Durable Power of Attorney put the right people back in the conversation.
  • One meeting handles all of it. There is no charge for that first conversation with CCSK Law. Call (219) 230-3600.

When your child turns 18, Indiana law recognizes them as a full legal adult. That includes their medical care. As the parent, you no longer have automatic authority to see their records or make decisions on their behalf, even if you are still on their health insurance and paying their bills.

Here is what changes on that eighteenth birthday, and the three documents that keep the door open.

Why do parents lose medical authority when a child turns 18?

Two federal laws drive it. HIPAA protects a patient’s health information from being shared without permission. State laws of majority, Indiana’s included, make the eighteen-year-old the sole decision-maker for their own care. Together, they move the parent from the center of the conversation to the outside.

Doctors, hospitals, clinics, and insurance companies can talk to your adult child only. Not you. Not without permission.

How can parents keep access after a child turns 18?

The key areas to address:

A HIPAA authorization allows your adult child to name a party or parties who can receive their medical information. Without it, hospitals often cannot confirm a diagnosis, share a treatment plan, or even tell you if your child was admitted.

An Appointment of a Healthcare Representative in Indiana, names the person who speaks for your adult child, medically, if he or she cannot speak for personally. Without one, Indiana gives parents, grandparents, adult children, and siblings an equal vote, and an unresolved dispute can put the decision in front of a judge.

A FERPA release, which is the equivalent to a HIPAA Release for education information. This is one of the least known changes but continues to become more prevalent at universities.

A General Durable Power of Attorney for financial support, as well as other property and planning needs that might arise.

When should my child sign these documents?

Now.

We have made the process very easy. We have created a comprehensive document to address all of the above needs.

Like most planning, it is easy to let this drift to the back burner. However, it is important to put it in place while now, so if you need it, it is there. It doesn’t have to be renewed every year. And, hopefully, it won’t be needed. However, it is better to have it waiting in case you need it, than to need it and not have it.

Talk to an Indiana estate planning attorney

CCSK Law helps families in Northwest Indiana put these pieces in place as part of a Young Adult Life Plan. There is no charge for that initial conversation.

Call (219) 230-3600 to schedule a quick review of your situation.

Your Questions Answered: When Your Child Turns 18

When my child turns 18, can I still talk to their doctor?

Not without permission. HIPAA applies to all adults, including your 18-year-old. Once they cross that birthday, medical providers cannot share diagnosis information, treatment details, or even confirm your child was admitted to the hospital without a signed HIPAA authorization. The same providers will bill you without hesitation. They just cannot tell you what the bill is for. The fix is a HIPAA authorization that your adult child signs, naming you as someone who can receive their medical information.

What happens if my adult child is in an accident and cannot speak for themselves?

Without a Healthcare Representative Appointment in place, Indiana law does not automatically hand that decision to you. The statute gives parents, grandparents, siblings, and adult children an equal vote. If the group disagrees, the decision can end up in front of a judge. That process takes time and costs money, on a day that is already hard enough. A Healthcare Representative Appointment names one person. The hospital knows exactly who to call.

Do we really need all of these documents, or will one cover it?

You need both the HIPAA authorization and the Healthcare Representative Appointment, and they do different things. HIPAA is about information. The Healthcare Representative Appointment is about decisions. One lets you ask questions. The other lets you answer them. If your child is in school or you are still contributing to tuition, a FERPA release matters too. These are not complicated documents. One meeting at CCSK Law addresses all of them together.

This article is educational. It is not legal advice and does not create an attorney-client relationship. Laws vary and change. If this topic applies to your situation, the best next step is a conversation with an attorney who knows Indiana law. We offer a free first consultation. Call (219) 230-3600 or visit ccsklaw.com.