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Once your child reaches the age of majority, they have the authority to make their own decisions concerning their healthcare, finances, and legal matters. When a child becomes a legal adult at 18, a parent can no longer make decisions on their behalf without executing the proper documents. Although no one tends to think about estate planning when they head off to college, it’s important for students to have several legal documents in place in the event the unexpected occurs.
Legal documents for kids going to college should include the following:
Healthcare Power of Attorney
Once your child turns 18, you cannot legally make medical decisions or choose healthcare options for them any longer. This makes a healthcare power of attorney one of the most important legal documents for kids going to college. Also referred to as a “Patient Advocate Designation” (PAD) in Michigan, this document allows a parent to make medical decisions for their adult child if there is a medical emergency — and the child cannot make these decisions for themselves.
In a healthcare power of attorney, your college student can designate you (or another trusted adult of their choosing) as their patient advocate. The document can also make your child’s wishes known concerning their healthcare and medical treatment. In addition, it can authorize the designated patient advocate to access their medical information.
Specifically, a PAD can include instructions concerning the following:
- Consent to or refusal of certain treatments and medications
- Admissions to hospitals or healthcare facilities
- Mental health treatment
- Organ donation
- Healthcare providers
While a PAD can also make a “living will” declaration regarding the types of life sustaining treatments a patient would like to receive, living wills are not recognized under Michigan law.
HIPAA Release Form
The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of individuals’ health information. If your child sees a specific healthcare provider, they will need to execute a HIPAA release form to allow you to have access to their medical records. Your child can tailor the HIPAA release to specify what information should be shared with you. They can also specify the duration of your access to their records, as well as limit the purpose for which the information can be shared. A HIPAA authorization can be revoked at any time to stop the sharing of the information.
Durable Financial Power of Attorney
Although students typically don’t have many funds, a durable financial power of attorney is among the most crucial legal documents for kids going to college. If your child is in an accident that leaves them unable to manage their own financial affairs, a financial power of attorney can allow you to handle them. This can include having the authority to pay bills, file taxes, do banking, and communicate with financial institutions.
A durable financial power of attorney is typically “springing.” This means you would usually not have the authority to handle your college-age child’s financial matters unless they become incapacitated. However, the document can also be drafted to allow you to help manage your child’s finances if they simply lack the maturity to do so on their own.
Basic Last Will and Testament
One of the last things you want to talk with your child about is writing their will. While it is highly unlikely that it will be needed, a last will and testament is one of the essential legal documents for kids going to college. Since your child probably doesn’t have many assets, a basic will is sufficient. The document can simply specify who they would like to be the executor of their estate and outline who would receive their property in the event they pass away.
FERPA Release
A Family Educational Rights and Privacy Act (FERPA) release is a legal document for kids going to college that allows the school to share educational records with third parties. The form must specify the records to be released, the purpose of the disclosure, and the individual or entity with whom it may be shared. A FERPA release can give parents access to things such as grades, transcripts, schedules, financial statements, disciplinary records, and other academic information. Without a FERPA release, colleges and universities are generally prohibited from sharing a student’s educational records with parents, regardless of the student’s age or who is paying tuition.
Emergency Contact Authorization
In addition to the above documents, it is advisable for students to ensure that their college or university has up-to-date emergency contact information on file. This authorization allows school officials to contact parents or guardians in the event of a medical or other emergency.
Contact an Experienced Michigan Estate Planning Attorney
To learn more about what legal documents you will need for your children who are going to college, it’s vital to consult with an experienced estate planning attorney. Our team of attorneys is dedicated to guiding individuals and families through the estate planning process and providing the legal help they need, no matter what age or stage of life. Contact us today to schedule a consultation.
