Preparing for College: The Legal Steps You Should Take for Peace of Mind
Going off to college is an exciting time for your child and your family. However, it is important to make sure your child is legally prepared before embarking on this next stage of their life. There are a few key legal issues that students need to consider prior to going away to college.
First and foremost, every student should get a medical power of attorney in place. A medical power of attorney, also known as a healthcare power of attorney, is a legal document that allows your child (age 18 or older) to appoint a trusted person (usually the parents) to make medical decisions on their behalf if they are unable to do so. This person is known as your child’s healthcare agent, and it will allow you to work with your child’s doctors and other medical professionals to make decisions about their healthcare. It is important to choose someone who knows your child’s wishes and is willing to advocate for them, again, usually the parents.
You should also consider talking to your child about creating a living will. A living will is a legal document that outlines your child’s wishes regarding life-sustaining medical treatment in the event that they are unable to communicate those wishes themself. A living will takes effect only if your child is incapacitated. Although it feels morbid, it is better to have these matters taken care of ahead of time rather than worrying about them when your child is already away at school.
In addition to a medical power of attorney, college students should also consider a durable power of attorney. This document allows your child to appoint someone to make financial decisions on their behalf if they are unable to do so. For example, if your child becomes incapacitated, their designated agent could pay their bills, manage their bank accounts, and make other financial decisions on their behalf. This can be especially important if your child is far away from home and their family.
Another important legal document to consider is a HIPAA release form. The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that protects the privacy of your child’s medical information. A HIPAA release form allows your child to give permission for specific people, such as their parents, to access their medical information. Without this form, doctors and other medical professionals are not allowed to share your child’s medical information with anyone other than your child.
College students who wish to allow their parents to view their academic records legally can do so by completing a FERPA release form. FERPA stands for the Family Educational Rights and Privacy Act, which is a federal law that protects the privacy of student education records. Under FERPA, colleges and universities are generally prohibited from disclosing a student's education records to anyone other than the student, unless the student provides written consent. To allow you to view your child’s academic records, your child can complete a FERPA release form that authorizes the college or university to disclose their education records to their designated parent or guardian. While this is not mandatory, it can be beneficial for those who need an extra level of support and guidance while away at school. This can help ensure that you are informed about any changes in your student’s academic status so you can take the appropriate steps if needed.
Once the FERPA release form is completed and signed by your child, it should be submitted to the appropriate office at the college or university. This may be the registrar's office, the office of student affairs, or another designated office that handles FERPA requests.
It is important to note that the FERPA release form only authorizes the disclosure of education records, and does not provide any other legal authority for parents or guardians to make decisions on behalf of their college student. If parents or guardians wish to make medical or financial decisions on behalf of their college student, that is where the medical power of attorney and durable power of attorney comes in.
In addition to health care and academic document concerns, it is important for your child to make sure their finances are in order. If your child is under 18 years old, you will most likely need to sign any legal documents related to financial matters (such as a student loan agreement) on their behalf. Furthermore, help your child open an individual bank account prior to leaving for college so that they can manage their own finances independently.
Preparing for college involves more than just buying textbooks and dorm room supplies. It is important to consider the legal documents that can protect your child in case of an emergency. By taking these steps before leaving for college, you and your child can ensure that their legal affairs are taken care of so that they can focus on the most important part — enjoying college life.
This post was written for informational purposes only and should not be considered legal advice. If you need more specific guidance on any of the topics discussed, it is strongly recommended that you contact an attorney with expertise in this area of law. Taking care of these issues now can help ensure your success while away at college, so don’t hesitate to seek legal assistance if needed. Good luck!
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