The 18th Birthday Estate Planning File

The morning your child turns 18, three separate authorities disappear at once, and none of them announce themselves. You lose the right to their medical information. You lose the authority to make a health care decision for them. And you lose the ability to sign anything on their behalf.

Florida does not hand that authority back to a parent on request. It comes back only when your child grants it, in writing, on the terms Chapter 765 and Chapter 709 set.

Most families find this out at two in the morning, at a hospital desk, four hundred miles from home.

Three documents, and they are not interchangeable

This is where nearly every family goes wrong. A HIPAA authorization is not a health care surrogate designation. A surrogate designation is not a power of attorney. Each one does a different job, and holding the wrong one is not the same as being partly covered.

A 15-question diagnostic built on the statutes

The download is not a lecture. It is a scored diagnostic in two sections, with each question tied to the Florida provision that governs it. In about ten minutes, you can identify which of the three documents your family may be missing.

1. Has your child already turned 18 without signing a health care surrogate designation? Then Florida may choose who can make decisions through a list established by the Legislature.
2. Are you assuming the HIPAA form from orientation is the entire plan? A parent holding only a HIPAA form may receive information while still having no authority to direct care.
3. Was the surrogate designation witnessed only by relatives? Fla. Stat. Sec. 765.202 includes requirements regarding who may serve as a witness.
4. Was the power of attorney notarized as well as witnessed? Fla. Stat. Sec. 709.2105 includes witnessing and notarization requirements.

Score it, then read your rating

Total your risk points, then locate your score in one of three bands. Each band provides a plain-language explanation of where your family stands and what to do next.

Then run the five-step sequence

The guide closes with the order Aspire Legal Solutions uses with families. Starting with only the HIPAA form is a common mistake because it addresses access to information but does not provide every type of authority a parent may need.

1. Talk it through before the birthday.
2. Sign the health care surrogate form.
3. Add a separate HIPAA authorization.
4. Sign the durable power of attorney.
5. Distribute the file, then calendar it.

Each step in the download includes the supporting details, such as witness rules, notarization requirements, when authority begins and how the completed documents should be distributed.

Plus a plain-English glossary

The guide explains the important terms and legal authorities in language you can use with your own family.

• Health Care Surrogate
• Fla. Stat. Sec. 765.202
• Fla. Stat. Sec. 765.204
• Fla. Stat. Sec. 765.401
• HIPAA Authorization
• Durable Power of Attorney
• Fla. Stat. Sec. 709.2105
• Fla. Stat. Sec. 709.2108
• Springing Power of Attorney
• Principal and Agent
• Guardianship

Who this is for

This guide is for Florida parents of a child who is 17 or older, including parents whose child has already turned 18 and left for school without the necessary documents in place. It is especially important if your child attends college outside Florida or if the only document you currently hold is a HIPAA form.

Free download

Get the 18th Birthday Estate Planning File

Get the full 15-question diagnostic, scoring bands, five-step sequence and glossary. Enter your information below, and the free guide will be sent directly to your inbox.