The Legal Joys & Pitfalls of Turning Age 18 in Minnesota

Minnesota residents turning age 18 reap certain benefits of legally becoming an adult, while also taking on new responsibilities.

Minnesota law defines a “minor” as someone under age 18, and an “adult” as someone age 18 or older. The terms “legal age” and “age of majority” also mean age 18 in Minnesota.

An 18-year-old in Minnesota may get a tattoo, choose where he or she wants to live, obtain a license to be an auctioneer, and vote if citizen, residency and certain other requirements are met.

At age 18, a Minnesotan may own a car or truck, or drive a taxi. Car rental companies typically won’t let an 18-year old rent a car, however.

An 18-year old may make a Will, become a notary, sign a Health Care Directive, serve as the health care agent under another person’s Health Care Directive, create a Power of Attorney, and serve as an attorney-in-fact under another person’s Power of Attorney document.

An 18-year-old may inherit property, whereas minors can’t inherit directly.

An 18-year-old may also sign a legally binding contract.

The college education records of a student age 18 or older are typically private unless the request for grades is related to an application for financial aid. Under the Code of Federal Regulations, parents can also get access to the grades if the student is a dependent for federal tax purposes.

Eighteen-year-olds may marry in Minnesota without parental consent, and may consent to have sex.

Eighteen-year-olds may also buy cigarettes, possess a stun gun, and buy lottery tickets in Minnesota.

A pheasant stamp validation for a small game license to hunt pheasants is needed by Minnesotans age 18 or older. Under age 18 years, no validation stamp is needed.

Driver’s education courses are not a prerequisite for persons age 18 or older to obtain a Minnesota driver’s license.

Eighteen-year-olds in Minnesota may give a pledge to or sell property to a pawnbroker.

Under federal law and with few exceptions, U.S. males ages 18 through 25 must register with the Selective Service within 30 days of their 18th birthday.

Eighteen-year-olds may be selected for jury duty in Minnesota courts.

Despite the preceding list of examples of rights and responsibilities attained at age 18 in Minnesota, age 21 remains the requirement for having certain other rights.

For example, a person must be at least 21 years old to buy, possess or consume alcoholic beverages at any place in Minnesota other than the parental home. And, Minnesota law states that a person is not officially age 21 for purposes of consuming alcoholic beverages until 8 a.m. on the day of the person’s 21st birthday.

(Interested in Minnesota’s history regarding the drinking age? In 1973, the drinking age was lowered from age 21 to age 18. Then it was raised to age 19 in 1976 and to the current age of 21 in 1986.)

An applicant to be a supervising operator of a fireworks display must be 21 years old under Minnesota law.

Under Minnesota’s Constitution, a person must be 21 years old to hold state or local office in Minnesota, but must be at least 25 years old to run for governor or lieutenant governor.

Okay, so it’s “fun” to review the above list and perhaps look for inconsistencies that seem a bit illogical.

On a more serious note, anyone turning age 18 should consider drafting a Health Care Directive and Power of Attorney document because incapacity can strike at any time. The Health Care Directive will enable one’s hand-picked agent to make decisions regarding one’s body. The Durable Power of Attorney will enable one’s hand-picked representative to handle one’s financial affairs. An estate planning attorney can assist with these documents. Also, a lawyer can review a contract before it’s signed.

©2014 Wittenburg Law Office, PLLC. All rights reserved.

Disclaimer: This Blog is for informational purposes only and is not to be construed as legal advice. If you have questions, please seek the advice of an attorney. An attorney-client relationship is not formed by reading this Blog. If you are interested in Wittenburg Law’s representation of you, you must contact Wittenburg Law for a determination of whether your matter is one for which Wittenburg Law is willing and able to accept representation of you.

Bonnie Wittenburg, Wittenburg Law Office, PLLC, 601 Carlson Parkway, Suite 1050, Minnetonka, MN 55305         952-649-9771     bonnie@bwittenburglaw.com   www.bwittenburglaw.com