Sending a child off to college is an exciting time in life, but it also marks a legal turning point – once your child turns 18, they are considered an adult in the eyes of the law. This means parents lose their automatic rights to access medical, financial, and even academic information unless certain legal documents are in place. Without these documents, you may be powerless to help your child in an emergency or even discuss their health or academic status with professionals.
Below are the most important legal documents every college-bound student should have, and why working with an experienced attorney is so much better than relying on generic online forms.
Key Legal Documents Every College Student Needs
- Medical Power of Attorney (Health Care Proxy) – This document allows your child to appoint someone – usually a parent or trusted adult – to make medical decisions on their behalf if they are unable to do so. Without it, you may not be able to access their medical records or speak with doctors during a health crisis due to privacy laws like HIPAA.
- HIPAA Authorization Form – HIPAA laws protect a person’s private medical information. A HIPAA release form allows healthcare providers to share information with the individuals your student names – usually their parents. Without this document, even in an emergency, doctors may not be able to tell you anything about your child’s condition.
- Durable Power of Attorney (Financial) – If your child becomes incapacitated, this form gives a designated person the authority to handle financial matters on their behalf, like managing a bank account, signing a lease, or dealing with tuition or insurance issues.
- FERPA Release Form – Just because you pay their college tuition, it does not automatically give you the right to access educational information. This is due to The Family Educational Rights and Privacy Act (FERPA) which protects your child’s education records. With a FERPA release form, your student can give you permission to access grades, disciplinary records, or financial aid information if needed.
- Living Will – This important document protects your child in the event that they become unable to communicate their wishes for medical treatment. The living will details their decisions regarding specific treatments and procedures, including decisions about CPR, ventilators and other life-sustaining measures.
Our Experience Will Protect your College Student More Comprehensively than Online Forms Would
Online legal forms are available, and may seem convenient and affordable. However, they come with significant risks when it comes to your child’s health and safety. Some risks that you assume when using online forms include:
- Compliance issues – Online forms may not comply with specific state laws, which can render them invalid or unenforceable.
- Incomplete protection – Generic forms often miss important clauses or fail to address unique family circumstances, which can leave dangerous gaps in coverage.
- Execution errors – Mistakes in signing, witnessing or notarizing documents can make the forms invalid.
Working with one of our experienced attorneys to have these important legal forms completed can provide the essential coverage your family needs when your child heads off to college and can provide important benefits such as:
- Ensuring all documents are valid and enforceable according to state law
- Providing valuable advice to tailor the documents to address your unique specifications and family needs
- Preventing costly mistakes and legal complications during critical times
- Providing peace of mind that your child has the legal protection they need when they are on their own, and knowing that you can help in case of an emergency.
Reach out soon at 847-223-1500 to make sure you get these forms completed before they head off on their new college adventures!