Every August, families across Alabama are loading up cars, moving into dorms, and saying goodbye to a child who suddenly feels less like a kid and more like an adult. Most of the attention goes to dorm supplies and class schedules.
Fewer families realize that something legal changes around this time too. In Alabama, the age of majority is 19, not 18. Once a child reaches that age, a parent’s automatic authority to help with medical or financial matters goes away, even though the parent is still paying the bills.
This is not about fear. It is about understanding how the system works, so your family is not caught off guard if something unexpected happens during the school year.
The Legal Shift Nobody Warns You About
Alabama is one of only a few states that sets the age of majority at 19 instead of 18. Once a young adult reaches that age, the law treats them as fully independent. A hospital cannot legally share medical information with a parent without permission, and a bank cannot let a parent access or manage a young adult’s accounts, no matter how close the relationship is.
In practice, many colleges, hospitals, and financial institutions in Alabama already start treating 18-year-olds as adults for day to day purposes, even though the state’s official age of majority is 19. That gap between the law and common practice is exactly why it makes sense to have the right documents in place before your child leaves for school, rather than waiting for a specific birthday.
Marriage does not change this. Neither does living at home, being on a family cell phone plan, or being claimed as a dependent on a tax return. Legal authority must be granted in writing.
A Personal Note
This is not an abstract concern for me. One of my own daughters had a moment while away at school in South Carolina that turned into a stressful phone call for our family. Things turned out fine.
What made that call easier to get through was knowing the right people already had the authority to ask questions and get straight answers. That is really the whole point of this article. Not that something will go wrong, but that if it does, your family should not also be fighting the paperwork.
The Documents Worth Considering
Health Care Power of Attorney
This document lets your child name someone, often a parent, to make medical decisions on their behalf if they are ever unable to make those decisions themselves. It gives one specific person the clear legal authority to step in and speak with doctors when it matters most.
HIPAA Authorization
Without a signed authorization, doctors and hospitals are limited in what they can share with anyone, including a parent, even for something as simple as confirming an admission or describing a diagnosis. A HIPAA authorization gives your child’s chosen people permission to get information directly from providers.
Financial Power of Attorney
This allows a trusted person to manage financial matters such as banking, a lease, or financial aid paperwork if your child is unavailable or unable to handle it themselves. It matters most when a young adult is several hours away, hard to reach, or simply overwhelmed by a situation they have never dealt with before.
In Alabama, the Uniform Power of Attorney Act treats these documents as durable by default. That means the authority stays valid even if your child later becomes unable to make decisions, unless the document says otherwise.
Don’t Forget What You Already Set Up
If you have been saving for this moment for years, back to school is also a good time to check in on the accounts you already created.
Alabama’s state sponsored 529 plan is CollegeCounts, and Alabama residents can deduct contributions on their state income tax return. If tuition is being paid out of that account, it is worth confirming the beneficiary information still matches your child’s current school and situation.
If your child has a custodial account under Alabama’s Uniform Transfers to Minors Act, remember that the age at which they gain full control of the account is not the same as the age of majority. Custodianship in Alabama generally ends at 21, a couple of years after your child is otherwise treated as a legal adult. A quick check of who is named as custodian is a simple way to confirm everything still matches your family’s current situation.
Why This Moment Matters for the Rest of Your Plan
None of this replaces the rest of an estate plan. If anything, it is a reminder of the same idea that runs through all of it. A plan only works if the right person has the right authority at the right time.
The same year your oldest child heads off to school is often a good time to make sure your own will, powers of attorney, and guardianship nominations for any younger children still reflect your family as it actually looks today.
Getting These Documents in Place
These are not complicated documents to put together, and most young adults only need to think about them once before heading off to school. If you would like help understanding what makes sense for your family, or want to review what is already in place before the semester gets underway, our team is happy to walk through it with you.
You can learn more about estate planning or schedule a consultation at HeircraftPlanning.com.
