What legal documents does your college student need?
Sending your child off to college comes with a never-ending to-do list and numerous trips to Bed Bath and Beyond. It can be overwhelming. One task that your family should put at the top of the to-do list is to make sure that they are legally ready to be on their own. Now that your child is 18, they are a legal adult and this means more freedom for them and less accessibility for you.
Your Child’s Healthcare is Confidential
It may seem like just yesterday you were making their doctors’ appointments, but once your child turns 18, legally they must make their own medical decisions. Additionally, your child must authorize the release of medical information to you. But what happens in an emergency situation? What if they are unconscious and unable to consent? While it can be difficult to prepare for the unimaginable, experts recommend taking proactive steps and preparing the necessary legal documents. What legal documents might you need?
- Healthcare Proxy
Also known as a healthcare power of attorney, a healthcare proxy document allows your child to choose an individual to be notified if a health crisis occurs, allow access to their medical records and be authorized to make certain medical decisions on their behalf. Typically, college students choose their parents as their healthcare proxy. - Advance Directives
This is also known as a Living Will. Advance Directives are instructions that spell out how your child wants healthcare decisions to be made should they be incapacitated and unable to decide for themselves. This allows their healthcare proxy, loved ones, and health care officials to know what kind of care they may want. - HIPAA (Health Insurance Portability & Accountability Act) Release
HIPAA is a federal law that protects your medical records. By signing a HIPAA release, your child can allow healthcare providers to talk to you or give access to their medical records
Colleges Will Not Talk to Parents About Bills
Similar to healthcare matters, colleges will not talk to parents about tuition payments or bills. Some schools have their own forms, so it can be worth checking your child’s university policies. In addition, there are legal documents that can should be put in place:
- Durable Power of Attorney
This legal document allows your child to authorize an individual to take care of bank accounts, access scholarship funds, and pay bills if the child is unable to. - FERPA Waiver
The Family Educational Rights and Privacy Acts limits what documents higher education institutions can release on behalf of enrolled students. If your child signs the waiver, you as a parent may request access to some academic records.
Next Steps
It is important that your child, not you as the parent, is the person making these decisions. Schedule a consultation with Ladimer Law today to have your young adult child discuss their options and make a well-informed decision. By squaring this away, you can have peace of mind and go back to finding them the perfect dorm decor!