The Legal Gap at Age 18: Helping Clients Understand HIPAA, FERPA & Healthcare Decision-Making

Turning 18 is a milestone. It’s a moment of celebration, independence, and opportunity. But for parents and guardians, it can also be a moment of sudden legal confusion. On your child’s 18th birthday, the law treats them as an adult—and that can create a surprising gap in your ability to access their personal, educational, and medical information.

Many families are caught off guard by this “legal gap,” which often revolves around three key areas: HIPAA, FERPA, and healthcare decision-making.

1. HIPAA: Health Privacy Law

The Health Insurance Portability and Accountability Act (HIPAA) protects a patient’s medical information. Once your child turns 18, healthcare providers can no longer legally share their health records with parents without the patient’s explicit consent—even if the parents are the ones paying for insurance.

What this means for families:

• You may not be able to access lab results, prescription records, or mental health information.
  
• Doctors cannot discuss treatment options with you unless your child has signed a HIPAA release form.
  
• Emergencies are an exception, but routine care remains private.
  

2. FERPA: Education Records

The Family Educational Rights and Privacy Act (FERPA) protects student records at educational institutions. Once a student turns 18—or attends a postsecondary school—the law gives the student control over their educational records.

Implications for parents:

• You cannot automatically access grades, transcripts, or disciplinary records.
  
• Schools cannot discuss educational plans or financial aid without student consent.
  
• Parents may need a signed FERPA release form to stay informed.
  

3. Healthcare Decision-Making

Legally, turning 18 means your child can make their own healthcare decisions. This includes:

• Consent to medical treatments or procedures.
  
• Decisions about medications or therapy.
  
• Choices about end-of-life care or advanced directives.
  

Why this matters: Without legal authorization, parents cannot step in—even in situations where they’ve been the primary decision-maker for years.

Bridging the Legal Gap

Fortunately, there are ways to maintain involvement while respecting your young adult’s autonomy:

1. HIPAA & FERPA Authorization Forms: Encourage your child to sign releases allowing you to access their medical and educational records. These can usually be revoked at any time.
   
2. Healthcare Power of Attorney & Advanced Directives: Establishing these legal documents ensures you can help manage decisions if your child becomes incapacitated.
   
3. Emergency Plans: Create a clear plan for who has authority in medical emergencies, including a medical emergency card with essential contacts and instructions.
   
4. Open Communication: Discuss privacy, independence, and legal responsibilities ahead of time. When your child understands why these protections exist, they’re more likely to cooperate with consent forms and emergency planning.
   

Why This Matters to Clients

Families often underestimate how abruptly legal rights shift at 18. The “legal gap” can create stress, confusion, and even delays in healthcare or education-related decisions. By helping clients understand HIPAA, FERPA, and decision-making rights, you’re not only protecting their child—but empowering them to navigate adulthood responsibly.

In short: turning 18 is more than a birthday—it’s a legal pivot point. Being proactive with authorization forms, emergency plans, and open conversations ensures families stay informed and ready, without violating their young adult’s privacy or independence.

Learn More Here!

Ready to Schedule? Schedule with our team here!