Essential Legal Documents for Your College-Bound Child

Sending a child off to college is a time of pride, celebration, and transition both for parents and their children. Parents who have been devoted to every aspect of their child’s life, from hobbies to sports to academics and friendships, now will have inevitably less control over their child’s day-to-day lives. In addition, many parents don’t realize that once a child turns 18, they are considered emancipated adults and parents have little to no legal right or ability to assist without the direct permission of the child. This is especially concerning when a situation has occurred where the child is unable to give permission. In that context, parents of college students (or of any child who has turned 18 years old) should encourage their young adult to execute a durable power of attorney, health care proxy, and living will.

The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) provides that only the young adult and their authorized agent have the right to access the young adult’s medical records. Therefore, it is important that all adults execute a health care proxy and living will which allows the person(s) named as the agent(s) thereunder to access their medical records. Having this authorization in place will allow a hospital or other medical provider to provide information on a young adult’s condition and care to the young adult’s parents or other named authorized persons in the event a young adult is incapacitated and cannot communicate with their physicians. The young adult may also appoint successors to act if the first named health care agent is unavailable. Appointing a health care agent is crucial to avoiding delays in medical decisions as well as unnecessary expense and stress that could be caused by the necessity of filing a guardianship action in court.

A durable power of attorney appoints an attorney-in-fact to handle an adult’s financial affairs. The young adult may appoint more than one person to act as their attorney-in-fact and may appoint successors as well. Such power can be immediate or “springing,” meaning that an event of incapacity is required for the durable power of attorney to be effective, and it must be determined which power of attorney is best for the young adult. If a young adult were to become incapacitated, the durable power of attorney would allow for someone to handle their financial affairs without the need for a court appointed guardian.

With all the hundreds of things to do before you move your child into campus, estate planning is likely the last thing on your mind. However, having certain estate planning documents in place can help avoid unexpected problems and provide peace of mind as your young adult leaves home for college.

For help with the estate planning process and to ensure you and your loved ones are protected, contact Joshua B. Beisker at jbeisker@underbergkessler.com or 585-258-2879.