Don't Forget These for Your Kids!
As your child prepares for college — buying books, organizing dorm essentials, and savoring summer — it’s easy to overlook one crucial part of the transition: legal and medical preparedness. Once your child turns 18, they’re legally considered an adult. That means parents lose the automatic right to access medical records, make financial decisions, or even speak to a doctor in an emergency.
To ensure you can still be there for your child when it matters most, make sure a few key documents are in place before move-in day.
Why These Documents Matter
As reported in The Wall Street Journal, once a student turns 18, parental access to medical, financial, and academic records is no longer guaranteed. Emergencies — ranging from hospitalizations to academic disputes — can become more stressful when access is restricted. Taking time now to prepare the proper documents can prevent confusion, delays, and hardship later.
Getting Started
Many of these forms are available online, but it’s always wise to consult an estate planning attorney for guidance, especially if your family has complex needs or out-of-state college plans. Your Evermay Wealth Advisor can also help integrate these into your broader financial plan.
1. Universal Health Insurance Portability and Accountability Act (HIPAA) Release Form
Why it matters: Grants permission for healthcare providers to share medical information with a designated person — typically a parent.
Pro tip: A universal form is ideal because it’s not tied to one provider. Ensure it's signed and shared with both your child’s home and campus healthcare providers.
Tip: Use the American Bar Association’s sample HIPAA form as a starting point. Make sure to have your student sign it and keep both a digital and printed copy on hand.
2. Healthcare Proxy / Medical Power of Attorney
Why it matters: If your child becomes seriously ill or injured and cannot make decisions, this document lets a trusted adult step in.
Details to know: This is often state-specific, so check requirements in both your home state and the state where the college is located.
Example: If a student from Virginia is attending school in California, both state forms may be needed to ensure full legal recognition.
3. Living Will (Advance Healthcare Directive)
Why it matters: Allows your child to outline preferences for life-sustaining treatments, pain management, and organ donation.
Why now: While it may feel premature, this document removes the burden of tough medical decisions from loved ones in high-stress moments.
Students may not think this applies to them at their age—but in truth, accidents or illnesses can happen to anyone. Preparing a living will is simply another step in responsible adulthood.
4. Health Insurance Access Authorization
Why it matters: Even if a student is covered under a parent’s insurance plan (which is common until age 26), HIPAA laws can still prevent parents from accessing billing or coverage details.
What to do: Confirm the student has a copy of the insurance card, and that the provider allows parental access where appropriate. If your student is on a university-sponsored plan, be sure to understand the coverage limits and access policies.
Action Step: Have your child contact the insurance provider and sign any required authorization forms to give you permission to act as a representative on their behalf.
5. Durable Power of Attorney (DPOA) for Finances
Why it matters: Enables parents to handle financial tasks on behalf of the student — like managing a lease, transferring funds, or dealing with banks — especially in emergencies.
Best practice: Have this prepared by a legal professional to ensure state compliance and clarify when it becomes active (immediately or only if incapacitated).
Real-world example: If your student is studying abroad and needs help managing their U.S. banking while overseas, a DPOA can allow you to act on their behalf without delay.
6. Family Educational Rights and Privacy Act (FERPA) Waiver
Why it matters: Under FERPA, parents lose access to academic records — including grades, financial aid status, and disciplinary actions — once a child turns 18.
Optional, but helpful: Students can choose to grant access by signing a FERPA waiver, often available via the college’s registrar or student portal.
Note: Every institution handles FERPA waivers differently. Some allow for partial access (e.g., financial aid only), while others offer full transparency.
Final Checklist: Six Documents to Consider
|
Document |
Purpose |
Notes |
|
HIPAA Release Form |
Allows sharing of medical info |
Use a universal version |
|
Healthcare Proxy |
Authorizes medical decisions |
Check both state laws |
|
Living Will * |
Guides care preferences |
Optional but valuable |
|
Health Insurance Access |
Enables handling of medical billing |
Especially important with campus plans |
|
Durable Power of Attorney * |
Allows financial oversight |
Tailor to your family’s needs |
|
FERPA Waiver |
Grants access to academic records |
College-specific process |
* Our Evermay team can assist you in creating these documents.
Closing Thoughts
Sending a child off to college is an exciting milestone, but it also comes with new legal boundaries. By preparing just a few essential documents now, families can reduce stress, respond quickly in emergencies, and provide meaningful support — even from a distance. Think of it as another form of insurance: something you hope you never need but will be grateful to have.
Call your Evermay advisor to help walk you through these essential documents before your child leaves for college.
References:
- The Wall Street Journal, Cheryl Winokur Munk, Aug. 14, 2023 — “Before Your Child Goes to College, Complete These 6 Important Documents”
- Forbes, Christine Fletcher, Aug. 29, 2018 — “What Legal Documents Do Your Kids Need Before Going to College?”
- Savingforcollege.com, Mark Kantrowitz, Aug. 27, 2019 — “Legal Documents for Students Who Are Headed to College”
- American Bar Association, Sample HIPAA Authorization Form
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