Red, White, and True Independence: Why Turning 18 Requires More Than Just a Vote

By Melinda Gustafson Gervasi
Red, White, and True Independence: Why Turning 18 Requires More Than Just a Vote
By Melinda Gustafson Gervasi
July 3, 2026

Image by M. Gustafson Gervasi 2026
The Summer of 2026 holds to significant birthdays for me.  First, our nation turns 250 years old.  As a member of the legal profession, I hope we see renewed reverence for the rule of law, and strengthen our democratic institutions.  Second, my oldest child turns18 in late summer.  Both of these events cause my mind to think about independence, duty and responsibility that culminate in a desire to educate young adults on a key task they should consider completing on our near their birthday.

Turning 18 ushers in a new chapter of your life, heavily dosed with a helping of independence. You can vote, sign up for the selective service, and sign contracts. You are officially an adult in many aspects of life.  However, with this independence comes a responsibility. Many families are surprised to learn that with the age of 18 comes adulthood, and a lose of any automatic authority for parents, or other loved ones, to make decisions for you if you cannot.

In my home state of Wisconsin there is no statute or law that says if you are suddenly incapacitated due to illness or accident that any one person can make your medical or financial decisions.  If you are in an accident or face a medical emergency, the hospital cannot automatically share info or take direction from your parents. If you are away at college and your bank account gets locked, your mom can not just call and fix it. Without two critical documents, your family would have to go to court to ask a judge for legal guardianship just to help you—a process that is expensive, public, and slow.

Image by M. Gustafson Gervasi 2026


True independence means choosing exactly who stands in your corner if life throws an unexpected curveball.  First, ask yourself who is best suited to make your medical decisions if you cannot.  You are not required to name a parent or any specific relative.  Who in your circle of family and friends are: 
  • over 18, 
  • comfortable with medical terms, 
  • able to be your advocate in the health care system, 
  • emotionally composed in stressful situations, and 
  • likely to honor your wishes?  
This is the person you may want to name as your agent for the Power of Attorney for Health Care.  Be careful not to overlook the need for a Power of Attorney for finances as well.  You do not want a financial crisis on top of a medical event.  

For a Power of Attorney finances aim for the person in your life that you trust with your .....I want to write checkbook, but that is antiquated, so let's say your wallet?  This is a person who is:
  • an adult,
  • on top of their own finances, 
  • has a decent understanding of income taxes, 
  • is likely to follow contracts related to student or car loans or your lease, and 
  • has the time to take over paying your bills. 
Turning 18 initiates lots of changes, and the paperwork may feel overwhelming.  But powers of attorney can be just a click away, and free of charge.  Here in Wisconsin they can be downloaded from the Department of Health Services web site.  Make certain to read the directions closely, and work on your "inked signature" -- as the mom to two teenagers I am aware that many young people never sign anything and lack a regular signature.  

Be well, stay safe, and make smart decisions!


Image by M. Gustafson Gervasi, 2026
Remember, a blog is not legal advice. It is meant to spark thought and reflection. It is best to speak with an attorney in your home state for advice specific to your situation. Thanks for reading, and be well. Help power most posts with the Buy Me a Coffee icon!

Comments

Post a Comment

Popular posts from this blog

A Parting Gift: 9 Things To Tell Your Personal Representative or Executor

By Melinda Gustafson Gervasi
Image
A Parting Gift: 9 Things To Tell Your Personal Representative or Executor By Melinda Gustafson Gervasi June 9, 2023 For every minute spent in organizing, an hour is earned. -Benjamin Franklin A will and a power of attorney are the basic foundational documents of an estate plan.  For those wishing to make the end-of-life paperwork as easy as possible for loved ones left behind I encourage you to roll up your sleeves and dig a bit deeper.  Here are 9 things to write in a letter to your Personal Representative (the term we use here in my home state of Wisconsin, but known as Executor elsewhere in the United States): Personal data, including: date of birth, dates of marriage(s) and divorce(s); Social Security Number; educational achievements along with the institution and date awarded; People's contact information -- the phone number, email, mailing address of those named in your documents, relatives, close family friends, support network (childcare, pet sitter, etc.); Pet care in...
Read more

Welcome Sharon!: Modern Day Grave Robbers

By Melinda Gustafson Gervasi
Image
Over the past year I have grown accustomed to flipping through the mail at home and seeing at least one mailing addressed to my mother, at our home address rather than the 1121 Valley Stream Drive of my childhood.  She, my mother, left this earthly world February 16th of 2014, but her junk mail lives on.  Most of the time I mark the enveloped "deceased", leaving it for the carrier to cart off the next day, hoping the life insurance company or peddler of products to keep seniors in their homes will update their mailing lifts.  Sharon no longer needs their services. And then one day a mailing caught my attention, it was from a huge on-line bank.  Tearing it open the warning I issue to clients here in my legal office struck home - identity theft of the dead.   Sharon -- Welcome to [insert Bank Name here]!  Here are the account numbers for your new 29 savings accounts!   A whirlwind of emotions ensued.  Sadness for a mother who was gone from my li...
Read more

Pocket Peace of Mind: Estate Planning and Probate Lessons from Rome's Pickpockets to Today's Tech Scams

By Melinda Gustafson Gervasi
Image
Pocket Peace of Mind: Estate Planning and Probate Lessons from Rome's Pickpockets to Today's Tech Scams By Melinda Gustafson Gervasi May 16, 2025 Streets of Rome, Italy. Image by M. Gustafson Gervasi Taking in the sites of Rome, Italy this past winter break, our itinerary read like the list of “Top 10 places for Pickpockets in Rome”: Roma Termini Train Station; the Colosseum; Trevi Fountain; the Vatican Museum; and Bus #64.  Yet, we felt prepared and did not experience the dreaded missing wallet or phone while traveling.  I read up about common pickpocket techniques in advance, purchased of a Baggallini anti-theft purse, and prepared a few responses to unsolicited offers of help (a common ploy thieves use to distract you abroad).  The trip was a success: we enjoyed the sites and returned to the States with our wallets, phones and passports!  Keep this story in mind as your life kicks into the high-gear of summer living. Yes, your life is about to get busy.  From...
Read more