Planning Documents Needed for College-Bound Students

Sending your child off to college is an exciting milestone, but it comes with important legal considerations. Now that your child will be living independently, handling emergencies, especially medical ones, can be challenging. Ensuring your college-bound child has the proper legal planning documents in place is crucial for their safety and your peace of mind.

Why Are Legal Planning Documents Important for College Students?

When your child turns 18, you lose access to their medical, financial, and academic records. Parents cannot view their adult children’s documents at any time due to federal privacy laws like FERPA and HIPAA that protect an individual’s records.  Without the proper legal documents, you could face significant hurdles in assisting your college student during emergencies. Read more in our article: What Are The Necessary Estate Planning Documents Needed When You Reach The Age Of 18, and Why?

In his video, “The Planning Documents That College Students Need,” Estate Lawyer Bill O’Leary challenges Jacksonville parents to consider the legal issues that may arise when their student heads off to college.

What Is FERPA?

The Family Educational Rights and Privacy Act (FERPA) protects the privacy of student education records.  A FERPA waiver allows your college student to grant you access to their academic records. This can be important for staying informed about their academic progress or assisting in managing their education.

How Can You Protect Your Adult Child If They Are In the Hospital?

To protect your adult child if the unthinkable happens and they are in the hospital, ensure they have a HIPAA waiver and a medical power of attorney in place.  Preparing these legal documents with a Jacksonville estate planning attorney ensures you can support and advocate for your child during medical emergencies.

HIPAA Waiver

A HIPAA (Health Insurance Portability and Accountability Act) waiver allows your child to grant you access to their medical records. Without this form, healthcare providers cannot share any medical information with you due to privacy laws. This waiver ensures you stay informed about your child’s health and can make informed decisions in a medical emergency allowing you to manage your child’s care effectively.

Medical Power of Attorney

A medical power of attorney designates someone to make medical decisions on your child’s behalf if they are unable to do so. If your child becomes incapacitated due to illness or injury, you’ll need this document to manage their care. Without a medical power of attorney, important healthcare decisions may fall to someone else.

What If My College Student Is Unable to Manage Their Finances?

With a durable power of attorney, you can manage your child’s financial affairs if they are unable to do so. This includes paying bills, handling bank accounts, and managing investments. This document is particularly important if your child is studying abroad or becomes incapacitated.

How You Obtain The Necessary Planning Documents for College Students?

A qualified estate planning attorney can efficiently help your family obtain the necessary planning documents for your student.  It’s important to ensure that the forms meet the legal requirements of your state. Some documents may require notarization. Here’s how to obtain each:

• HIPAA Waiver: Obtained from an attorney or your child’s healthcare provider.
• Medical Power of Attorney: Obtained from an attorney to ensure it complies with state-specific laws.
• Durable Power of Attorney: Obtained from an attorney to ensure it meets state legal standards.
• FERPA Waiver: Available through your child’s college or university.

Do Legal Documents for College Students Vary Between States?

Yes, the requirements for legal documents for college students can vary by state. If your child is attending college out of the state of Florida, you may need to prepare valid documents for both your home state and the state where your child studies. Consulting with an estate planning lawyer helps properly prepare and execute all necessary documents.

What If My Child Is Studying Abroad?

If your child is studying abroad, a durable power of attorney becomes even more critical. This document ensures you can manage their financial matters and make decisions on their behalf if they encounter issues while overseas.

Secure Your Child’s Future Today

Preparing these essential legal documents for college students ensures their safety and your peace of mind. Don’t wait until an emergency arises; take action now.

If you need assistance in preparing these legal documents or want to learn more about estate planning for your college-bound student, schedule a discovery call with Legacy Planning Law Group today. Our experienced estate planning team can help you navigate these important decisions and ensure your child’s future is protected.

Key Takeaways:

• Access to Medical Information: A HIPAA waiver ensures you can receive updates on your child’s health in emergencies.
• Medical Decision-Making: A medical power of attorney allows someone to make medical decisions for your child if they are incapacitated.
• Financial Management: A durable power of attorney enables you to handle your child’s financial matters if needed.
• Educational Records Access: A FERPA waiver lets you stay informed about your child’s academic progress.
• State Compliance: Ensures documents meet specific state requirements, crucial if your child is attending college out of state.
• Peace of Mind: Having these documents prepared ensures you can support your child effectively in any situation.