At Age 18, Son Has New Responsibilities
One reader has a son who is about to celebrate his 18th birthday, and he wants to know what new legal rights and responsibilities his son will now face as a legal adult.
First, the reader is correct that his son will be treated as an adult in the eyes of the law. It wasn’t that long ago that 21 was the magic “age of majority.” In 1971, the age was lowered from 21 to 18. Even earlier, men were still considered minors until age 21 while women were emancipated at age 18.
When the law says, “you’re not a kid anymore,” it does treat you differently. It will no longer be easy to escape responsibility by blaming tender youth.
The most obvious difference is in the criminal law area, where adults who are charged with crimes face public trials and harsh prison sentences, while youthful offenders--in most cases--have their trials conducted in private and serve time in juvenile facilities.
But a less widely known difference is in the area of civil contract law. The state protects children from their own misdeeds and makes most contracts entered into by minors void or voidable. One court explained the rationale: “It is the policy of the law to protect a minor against himself and his indiscretions and immaturity as well as against the machinations of other people and to discourage adults from contracting with” one.
Certain contracts are simply void or automatically unenforceable. Contracts relating to real estate, such as for the purchase of property, are null and void.
Other contracts with minors are not automatically void, but there is a serious catch. A minor has the right to “disaffirm” or get out of most any contract. In other words, if you’re crazy enough to agree to sell a new computer to a 16-year-old boy, he can usually get out of the deal--even if he’s signed a written contract--on the simple ground that he was under age. That’s why, for example, parents are always asked to sign medical consent forms, because in most cases a minor cannot authorize his own medical care. (There are some exceptions for particular medical procedures. And minors in the military and those who have been married can give binding consent for medical treatment.)
A minor can’t avoid a contractual promise to pay for certain purchases, such as food and clothing and other necessities, but only if the minor is not living with his parents or guardian. In other words, if you are living with your parents, you can even get out of this type of purchase.
There is a special provision for young superstars. A minor can enter into an employment contract for personal services as an entertainer or athlete if the superior court approves the package. But the court can require that some of the money be set aside in a savings plan.
All in all, being a kid isn’t that bad. You aren’t legally responsible to pay your bills and you can get out of just about anything you sign.
On the other hand, this reader can tell his son that it’s about time he took responsibility for his own actions. Because the courts will now expect it.
So, happy birthday, young man. And don’t forget to vote.
For the Record
The jurisdictional limit for municipal courts is $25,000, not $15,000, as incorrectly reported in this column last week.
