Your College Graduate Should Have a Power of Attorney

As your child prepares to walk across the graduation stage and step into adulthood, it’s easy to get caught up in the excitement of dorm shopping, career planning, and summer celebrations. But there’s one crucial step many Jacksonville families overlook—establishing a Power of Attorney (POA) for their newly minted adult.

Once your child turns 18, your legal rights as a parent change significantly. Without a proper POA in place, your child may be left helpless in a crisis. Let’s explore why a Power of Attorney is an essential legal document for college-bound and recently graduated young adults.

What Is a Power of Attorney, and Why Does It Matter for Young Adults?

A Power of Attorney is a legal document that lets someone else—typically a parent or trusted adult—act on your child’s behalf in important matters. This becomes critically important when your child is no longer legally a minor.

In Florida, once your child turns 18, you can no longer automatically:

• Access their medical records

• Speak with their healthcare providers

• Manage their financial affairs

• Access their bank or college accounts

This means that if your child is in an accident or becomes ill and cannot speak for themselves, you would have no legal authority to help them—unless a POA is in place.

Two Essential POAs for Graduating Students

1. Healthcare Power of Attorney (Healthcare Surrogate Designation)

A Healthcare POA allows your child to appoint you (or another trusted individual) to make medical decisions on their behalf if they’re unable to do so. If your child becomes incapacitated due to illness or injury, you’ll need this document to manage their care. Families without a medical power of attorney will have to delegate important healthcare decisions to people they don’t know because hospitals are prohibited by HIPAA from disclosing medical information—even to parents.

2. Durable Financial Power of Attorney

With a durable power of attorney, you can manage your child’s financial affairs if they cannot do so. This can include paying bills, handling bank accounts, and managing investments. This document is particularly important if your child is studying abroad or becomes incapacitated.

In Florida, a durable power of attorney becomes effective immediately once it is executed—“springing” POAs (where the POA can only be used by the agent if and when you become incapacitated) are no longer valid. That means the designated agent can act right away, even if the student is healthy or not incapacitated. However, this can be managed carefully by only using the POA if needed.

Why Timing Matters: Don’t Wait for an Emergency

If your child becomes incapacitated and no POA exists, the only option may be going to court to seek legal guardianship. The guardianship process can be time-consuming, expensive, emotionally draining, and open to the public.

Most families would rather avoid court involvement during a crisis. That’s why creating a POA ahead of time is not just smart—it’s loving and proactive.

Should My Student Also Have a Will or Living Will?

While not every college graduate needs a will, if your child owns a vehicle, has a bank account, receives an inheritance, or holds digital assets like cryptocurrency, it’s worth discussing.

A Living Will, on the other hand, expresses your child’s end-of-life wishes. It can clarify preferences about life support, organ donation, and more—helping reduce family stress during the most difficult times. Read our article, Planning Documents Needed for College-Bound Students, to learn about other legal documents parents should consider while their child is attending college.

Help Your Graduate Start Their Next Chapter with Confidence

Helping your adult child establish a Power of Attorney in Jacksonville ensures that you can step in when needed—without legal delays or unnecessary stress. It also teaches young adults about responsibility, privacy rights, and future planning.

At Legacy Planning Law Group, we make the process simple and clear for families. Our Jacksonville-based estate planning team is here to guide you through the steps with compassion and professionalism—just as we’ve done for so many other Florida families​. Schedule a discovery call now—before an emergency occurs.

Reference: mondaq (June 24, 2024) “Navigating The Transition To Adulthood: A Legal Guide For Parents”