
Why Every College Student Over 18 Needs Powers of Attorney - and How Parents Can Help
Soon, you’ll be packing dorm room essentials, checking the tech, and maybe even sharing a few last-minute life tips about laundry and late-night study sessions. But, amidst all the college prep excitement (and chaos), there is an essential item parents often overlook: Powers of Attorney.
What’s a Power of Attorney - and Why Does Your Student Need One?
A Power of Attorney is a legal document that allows someone you trust (typically a parent) to step in and make decisions on your behalf.
- A Medical Durable Power of Attorney allows you to make medical decisions for your child if he or she is injured or becomes ill and is unable to make those decisions for himself or herself. Additionally, don’t forget a HIPAA Authorization, which ensures that you are able to access your child’s medical records when necessary
- A Financial Durable Power of Attorney allows you to manage your child’s finances if he or she needs help. This includes but is not limited to paying bills, talking to landlords, and handling tuition or insurance issues.
Here’s Why It Matters - Especially for College Students Over 18 Years Old
Your child is legally an adult as soon as he or she turns 18 years old, which means you are technically unable to automatically make decisions on their behalf or access their medical information - even in an emergency. Scary, right?
- Medical Emergencies: Unfortunately, accidents and illnesses happen regularly. Without a Medical Power of Attorney, doctors may not let you make decisions or even talk to you in the event of an emergency.
- HIPAA Privacy Rules: Healthcare providers are legally bound to protect your child’s private information and a HIPAA Authorization ensures you won’t be kept in the dark.
- Financial Assistance: From navigating tuition payments to fixing banking or credit card mishaps, a Financial Power of Attorney allows you to immediately step in and help your child when needed.
- Unexpected Situations: Natural disasters, emergencies abroad, or even a mental health crisis—having powers of attorney and a HIPAA authorization in place means you can act immediately when needed.
How to Set Up Powers of Attorney for Your College Student
Luckily, getting the necessary documents in place is easy. Here’s how to do it:
- Talk It Over: Sit down with your child and explain why these documents matter. You’re making sure you can help them when it really counts, not trying to control them.
- Work with an Attorney: A qualified estate planning or family law attorney can draft the documents correctly and have them properly executed. Once signed, you should keep the originals in a safe place - and your child should have copies too!
College Is About Gaining Independence - But That Doesn’t Mean Going It Alone
Having Powers of Attorney and a HIPAA Authorization is a simple but incredibly effective way to ensure your college student is protected (and that you’re empowered to help when it matters most). While it's one more thing to check off the list before your child heads to college, it may be the most important.
Contact an attorney at Donatelli Coules McGinnis & Schroeder, Ltd. to discuss putting Medical and Financial Powers of Attorney in place before your college-bound student heads off this fall.