Why Everyone Over 18 Needs An Estate Plan
Many people associate estate planning with retirement, extreme wealth, or complex family dynamics. But the reality is far simpler and more urgent: every adult over the age of 18, regardless of income, assets, or marital status, should have an estate plan. The term “estate planning” may sound formal or intimidating, but at its core, it’s about making sure your wishes are known and legally enforceable—especially in situations where you may be unable to speak or act for yourself. Whether you’re a college student, a working professional, or just entering adulthood, being prepared for the unexpected is not only responsible, it’s essential.
When someone becomes incapacitated or dies without any legal documents in place, the consequences can be both costly and painful for loved ones. Without a Health Care Proxy or Power of Attorney, your family may be unable to access your medical information, make treatment decisions, or handle your financial affairs. Even paying your rent or student loans could require a court order. If the worst happens and you pass away without a will, state laws—not your personal preferences—will determine who inherits your belongings. These default rules rarely reflect the complexity of modern relationships or individual intentions.
What many people don’t realize is that once a person turns 18, parents or guardians no longer have the automatic authority to intervene in medical or financial matters. In emergencies, even the most well-meaning parent can be denied information about their adult child’s condition or prevented from stepping in to help. These barriers create stress at the worst possible time—during a crisis.
Young people often believe that estate planning is irrelevant until they’ve bought a home, gotten married, or accumulated significant wealth. But adulthood brings with it new legal boundaries. Once a student turns 18, they’re legally independent, and parents are effectively locked out of their medical records and financial accounts unless explicit legal permission is given.
For college students living away from home, a medical emergency or accident can escalate quickly if no documents are in place. Having a Health Care Proxy allows a trusted person—often a parent or close relative—to make medical decisions if the student is unconscious or otherwise unable to communicate. Similarly, a Durable Power of Attorney can allow someone to manage bills, tuition, or insurance matters temporarily on the student’s behalf.
Estate planning for young adults isn’t about preparing for death. It’s about ensuring that someone you trust can help you if you’re injured, sick, or traveling abroad. It’s a smart and proactive move, and one that takes very little time to implement.
Unmarried couples—whether in a long-term committed relationship or cohabitating—face unique legal vulnerabilities. Without an estate plan, a partner may be completely shut out of the decision-making process during a crisis. Hospitals and doctors typically look to legal next of kin, which means an unmarried partner could be sidelined in favor of parents or siblings, regardless of the relationship’s closeness or duration.
Inheritance can also become a contentious issue. Without a will or trust, the surviving partner may receive nothing, even if the couple shared a home, bank accounts, or other significant assets. Worse still, family members could challenge ownership or evict a surviving partner from the couple’s residence. These outcomes are not only unfair, they’re entirely preventable with proper legal planning.
Creating an estate plan ensures that your partner can remain in your life both legally and practically, and that your shared property is protected according to your wishes.
One of the biggest misconceptions about estate planning is that it only becomes relevant after death. In truth, many of the most important documents in an estate plan are designed to protect you during life. A complete estate plan allows you to decide who will speak for you if you’re unable to speak for yourself. It allows you to determine who can manage your bank accounts, pay your bills, and authorize treatment if you’re incapacitated by an accident or illness.
These decisions are intensely personal. You may want a sibling to handle your finances but prefer a close friend to make medical decisions. Without a plan in place, a court may appoint someone you wouldn’t have chosen—or worse, delay the process while your family scrambles to respond.
The peace of mind that comes with having these documents is invaluable. Knowing that you’ve selected people you trust to step in if needed brings a sense of control and stability that benefits both you and your loved ones.
You don’t need to own a mansion or have millions in the bank to justify an estate plan. It’s not about the size of your estate, it’s about protecting your autonomy, your relationships, and your dignity. It’s about making sure that your values and wishes guide the decisions that affect your health, your property, and your legacy.
Even a basic estate plan that includes a will, a Durable Power of Attorney, and a Health Care Proxy can make an enormous difference. These documents are affordable to prepare, and they remain effective even if your circumstances change over time. As you grow older, get married, start a family, or accumulate more wealth, your estate plan can evolve with you. But the most important step is to start.
There is no such thing as being “too young” to take control of your future. The earlier you put an estate plan in place, the better protected you and your loved ones will be. Emergencies don’t wait until we feel ready; they arrive without warning. With a little planning now, you can avoid chaos later and ensure that your voice is heard even when you cannot speak.
To learn how to protect yourself and your family with a tailored estate plan, visit HaasZaltz.com or call 516-979-1060. You can also email [email protected] to schedule a consultation with an experienced estate planning attorney.