Sending a child off to college is an exciting milestone, but it also comes with important legal considerations. Once your child turns 18, they are legally considered an adult. What this means to you, as a parent is that you no longer have automatic rights to their medical, financial, or academic information. To ensure that you can assist them in emergencies or handle important matters on their behalf, consider having these essential legal documents.
1. Health Care Proxy (Medical Power of Attorney)
A health care proxy allows a parent or guardian to make medical decisions for their child if they become incapacitated. Without this document, doctors may be unable to share medical information due to HIPAA privacy laws, and parents might have to go to court to gain decision-making authority.
2. HIPAA Authorization Form
This form allows a student to grant permission for their parents or designated individuals to access their medical records and communicate with healthcare providers. Without it, medical professionals cannot disclose any information, even in the event of an emergency.
3. Durable Power of Attorney
A durable power of attorney (POA) grants parents or trusted individuals the ability to manage financial matters on the student’s behalf. This includes handling banking transactions, paying bills, managing student loans, and dealing with insurance companies if the student is unable to do so themselves.
4. FERPA Waiver
The Family Educational Rights and Privacy Act (FERPA) restricts access to a student’s educational records, including grades and disciplinary actions. By signing a FERPA waiver, students allow their parents to communicate with the school and access their academic information when needed.
5. Living Will (Advance Directive)
A living will outlines a student’s preferences regarding life-sustaining treatments in case of a serious medical emergency. This document helps guide medical decisions and ensures the student’s wishes are respected.
6. Proof of Health Insurance
Colleges often require proof of health insurance, whether through a parent’s plan or a student health plan. Ensuring that all necessary documents and policy details are easily accessible can prevent complications when seeking medical care.
Final Thoughts
While these documents may seem overwhelming, they provide essential protections for both students and parents. Taking the time to prepare these legal forms before your child heads to college can offer peace of mind and prevent unnecessary legal complications in the future. By planning ahead, you can ensure that your child is legally protected and that you can step in when needed without unnecessary hurdles. If you need assistance with drafting these legal documents, feel free to contact De Varona Law at (561) 600-9070.
