Preparing for college can be a busy time. There are classes to sign up for, dorms to set up, and bags to pack. But one important thing parents sometimes forget is that when a child turns 18, they become a legal adult. This means you no longer have automatic access to their academic, financial, or medical information. Even if you’re still helping them with money, you may not be able to help in an emergency without the right documents. Here are five important legal papers a family should consider having before their student leaves for college.
Once your child turns 18, you can’t make medical decisions for them unless you have a Medical Power of Attorney (also called a Health Care Proxy). This document allows you to make medical decisions for them if they are too sick or injured to speak for themselves. It can be important in case of an accident, illness, or hospital stay. Each state has different rules, so make sure to consider what is needed or consult an attorney for assistance. Make sure to keep paper and digital copies safe and available in case you need them.
HIPAA is a law that keeps your child’s medical information private. After turning 18, doctors and hospitals can’t share their health details with you unless they give you permission. A HIPAA Authorization form allows your child to give you access to their medical records, test results, and treatment updates. Many doctors’ offices have this form or you can find one online. If the college bound student wants their parents to know their medical information, it’s a good idea to fill out this form with other health papers. This authorization can be needed if the parent is assisting the student to provide records as some colleges may require proof of immunizations or physical exams before move-in day.
Even though you want your child to learn how to handle their finances in college, there might be times when they need your help. If they’re in the hospital, traveling, or facing a financial problem, a Power of Attorney can give you the authorization to manage their money. This includes paying bills, handling bank accounts, or canceling credit cards. With a Power of Attorney, you can act often quickly, even if you’re far away. It can give both you and your child peace of mind.
FERPA (Family Educational Rights and Privacy Act) is a law that protects your child’s academic records. Once they turn 18, parents no longer have automatic access to their grades, financial aid, or other school records. With a FERPA Waiver, your child gives you permission to see these records. Most colleges have a form that the student can complete for either a full or limited release. Without it, you may not be able to get information from the school, even if you’re paying for their tuition. If your child wants to share their academic information, it is a good idea to make sure the form or a FERPA waiver is completed prior to them moving to college so you can assist and stay informed.
A Living Will is a document that allows your child to give direction on the care they want if they’re in a serious accident or illness and cannot speak for themselves. It can be a tough topic to think about, but it can be important if the situation unfortunately arises. A Living Will lets your child explain what care they do or do not want in certain situations. This document can also help ease the burden on family members, who would otherwise have to make tough decisions without knowing the individual’s wishes. Every adult, even young adults, should consider having a Living Will to make sure their personal values are respected.
While it might be more fun to focus on shopping for dorm supplies or planning a campus visit, these legal papers are just as important. They help make sure your child’s wishes are known and that you can help them if there’s an emergency. It’s always a good idea to get help from a lawyer when preparing or executing these documents. If you have a child going off to college and have questions, do not hesitate to contact an attorney so you can send them off with the peace of mind that you have the legal documents in place to assist them during this exciting time in life.
