College-Bound Kids & Legal Considerations

During my years in practice, I’ve found that many parents and caregivers are unaware that once their child turns 18, certain legal documents must be in place if they want to access the child's academic records or need to make medical decisions on behalf of the child.

That said, I have outlined below four documents that parents and caregivers should discuss with their children before they head off to college or into the workforce. Reach out by phone or email if you have any questions, and feel free to send this on to anyone you think may benefit from this information.

Power of Attorney

A power of attorney is a document that allows your child to designate a trusted person who has the authority to act on their behalf in specified or all legal or financial matters. Without a power of attorney, your child’s financial and legal affairs could be at risk if they become incapacitated, leaving parents or other guardians unable to make decisions on their behalf.

Healthcare Advance Directives

A healthcare advance directive allows your adult child to express their medical wishes if they cannot do so. This document ensures that their medical care aligns with their beliefs and preferences.

HIPAA Release

A HIPAA release authorizes healthcare providers to share medical information with specific individuals, such as parents or grandparents. This can be crucial in an emergency situation where quick access to medical information can make a difference in the outcome. It may be worthwhile to meet with an attorney prior to submitting this form to ensure everything is accurate.

FERPA Authorization

Family Educational Rights and Privacy Act (FERPA) is a law that safeguards students' educational records. When a child turns 18, they gain control over their records. Parents then need FERPA authorization to access their child's educational information. It's also important to note that even medical records at college health clinics are considered academic and inaccessible by a HIPAA release alone.

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