Legal Ages

• Author: Richard Leiter
• Pages: 563-574

Page 563

The law only recognizes as legal the acts of persons who possess the capacity to form the proper intent to perform the particular acts. Two aspects of “capacity” are recognized: the mental capacity to form the intent to commit an act, and maturity, or the roughly objective measure of the ability to form a legal intent. It is maintained that when a child reaches a certain age his or her capacity to form the proper intent matures. At this point a child can be held accountable for his or her actions.

The age at which every person is considered an adult is known as the “age of majority” and is usually 18 years old. In addition, some states allow minors who are living apart from their parents and supporting themselves to be “emancipated.” This means that the minor will be treated as an adult for legal purposes. The minimum age for majority or emancipation is sometimes set out in statutes, but is frequently determined by the common law.

The variation of age limits for different activities, such as marrying, voting, or consuming alcohol, illustrates the values a society places on certain types of activities and how a society values individual responsibility and accountability. For instance, when a minor intentionally injures another or damages property, he or she may be held liable for the act at age fourteen, and even earlier, in some instances, in certain courts. But he or she may not be allowed to drink or vote until age 21 or 18.

The limitations on a minor’s ability to contract, however, are established to protect innocent third parties and ignorant or immature first parties. If a minor makes a foolish business decision out of immaturity or ignorance, the contract may be voided on the basis of a lack of capacity to contract.

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Table 38: Legal Ages
State	Age of Majority	Emancipation	Contracts	Ability to Sue	Consent to Medical Treatment
ALABAMA	19 (§26-1-1)	18 (§26-13-1)	Minor 15 or more at nearest birthday may contract for life, health, accident, annuity insurance; however, not bound by any unperformed agreement to pay premium (§27-14-5)	May sue through personal representative, next friend, or guardian ad litem; if 14 or over has 30 days to choose guardian ad litem (ARCP), Rule 17 (c), (d)	14 (§22-8-4)
ALASKA	18 (§25.20.010)	16 (§09.55.590)	May receive and give full discharge and acquittance for insurance payments up to $3000 if 16 or over (§21.42.290)	By representative, guardian ad litem, or next friend (CR 17(c))	If living apart from parents or if parent of child, minor may give own consent (§25.20.025)
ARIZONA	18 (§1-215)	Not specified	Governed by common law (§47-1103); at 16 or over may contract for educational loans (§44-140.01); May make contracts if veteran or married (§44-131)	By guardian or special administrator, guardian ad litem, next friend (§A.R.S.R. Civ. Pro. 17(g))	If homeless, marries or emancipated (§44-132 et seq.)
ARKANSAS	18 (§9-25-101)	16 (§9-26-104)	Rescission by infant 18 or over permitted only upon full restitution; promise made after full age to pay debt contracted during infancy must be in writing (§§9-26-101; 4-59-101)	Next friend or guardian (§16-61-103, 104)	Any minor who is married, emancipated, incarcerated, or sufficiently intelligent to understand consequences of consent (§20-9-602)
CALIFORNIA	18 (Fam. §6500)	14 (Fam. §7120), or if married or in military (Fam. §7002)	Yes (Fam. §6700) except he cannot give a delegation of power, made a contract relating to real property or personal property not in immediate possession or control of the minor (Fam. §6701)	Guardian (Fam. §6601)	Minor may consent if 15 years or older, living apart from parents, and managing own finances (§6922)
COLORADO	18 (§13-22-101)	Occurs upon attainment of majority; Koltay v. Koltay 667 P.2d 1374 (Colo. 1983)	18 (§13-22-101(1)(a))	18 (§13-22-101(1)(c)); by guardian or representative (Col. R. Civ. Pro. 17(c))	18 (§13-22-101(1)(d)), or 15 if living apart from parents and paying own expenses (§13-22-103(1))
CONNECTICUT	18; (§1-1d)	16 (§46b-150)	Common law	18 or upon emancipation (§46b-150d)	18 or upon emancipation (§46b-150d)

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State	Age of Majority	Emancipation	Contracts	Ability to Sue	Consent to Medical Treatment
DELAWARE	18 (1 §701)	Not specified	18 (6 §2705)	18 (10 §3923)	Not specified
DISTRICT OF COLUMBIA	18 (§46-101)	Not specified	Common law; cannot be charged unless promise made in writing after age of majority (§28-3505)	By representative (§12-302)	If connected to pregnancy, substance abuse, psychological disturbance, or sexually transmitted disease (22 DCMR §600.7)
FLORIDA	18 (§743.07)	If legal marriage occurs (§743.01); upon petition if 16 or older (§743.015)	May contract for higher education financing if 16 or over (§743.05); may contract generally if married (§743.01)	By next friend or court appointed guardian (RCP §1.210(b))	If emergency (§743.064)
GEORGIA	18 (§39-1-1)	Not specified	Generally voidable; however, if benefits continue after age of majority, contract is valid (§13-3-20)	Through guardian or guardian ad litem (§29-4-7); suit started by infant alone not void but guardian must be appointed before verdict (§9-2-28)	18 for treatment in general (§31-9-2); if treatment is for VD, minor may consent; female minor has valid consent for treatment in connection with pregnancy
HAWAII	18 (§577-1)	Legal marriage (§577-25)	Disaffirmance must be made within reasonable time after reaching age of majority (1 Haw. 421)	Guardian ad litem, next friend (§551-2)	For counseling services for alcohol or drug abuse (§577-26); if for pregnancy, venereal disease or family planning services (§577A-2)
IDAHO	18 (§32-101)	Marriage (§32-101)	Cannot disaffirm otherwise valid contract to purchase necessities (§32-103, et seq.); if 15 or over, may enter into insurance contract (§41-1807)	Through guardian, conservator, or like fiduciary, or infant may sue through guardian ad litem or next friend appointed by court (IRCP, Rule 17(c))	Age 14; treatment of infectious, contagious, communicable diseases (§39-3801)
ILLINOIS	18, common law	Minors between 16 and 18 may apply if no parental objection (§§750 ILCS 30/1, et seq.)	Voidable unless for necessities; executing contract binding only if ratified after 18; executed contract binding unless disaffirmed within reasonable time after age 18; common law	Guardian ad litem must be appointed or can sue within 2 years of turning 18 (§735 ILCS 5/13-211)	Consent by minor if married, parent, or victim of sexual assault (410 ILCS 210/1, et seq.)

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State	Age of Majority	Emancipation	Contracts	Ability to Sue	Consent to Medical Treatment
INDIANA	18; common law	Not specified	If under 18, child is not able to contract except for necessities and higher education expenses (common law, §20-12-21.3-1); minors 16 or older may contract for life, accident, sickness insurance and annuities (§27-1-12-15)	In own name or through next friend, guardian ad litem, or representative (Trial Proc. R. 17(c))	Minors may consent if emancipated, 14 years or older and living apart from parents, married, or in military service (16-36-1-3)
IOWA	18 (§599.1)	Marriage (§599.1)	For necessities; for other contracts, minor is bound unless disaffirmed after reasonable time of attaining majority and restoration made of money and property received (§599.2)	By minor’s guardian or by next friend; court may substitute at its discretion

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