The college acceptance is in and now the countdown to college has begun. Your child is probably busy finding the perfect roommate, perhaps selecting dorm décor and beginning to review the multitude of course offerings. You, on the other hand, may be wondering where the time has gone and how the once little kindergartener has so quickly become a young adult, heading out of your front door and into their next chapter.
While your child is preoccupied with their lists of purchases to make and things to do, you need to be sure you are tackling your own college to-do list, too. The first task? Getting the necessary legal documents ready.
You will always be their parent. However, when your child turns 18 (19 or 21 depending on the state where you reside), they are legally an adult. Despite being their parent, you still can be denied access to their educational, medical, mental health and financial information unless you have several essential legal documents signed and in place. These documents will provide you with access to your child’s health, academic, and financial information and allow you to make important decisions for them in the event they cannot do so for themselves. Below is a more detailed breakdown of the legal documents suggested for every parent of a young adult.
Health Care Proxy/Medical Power of Attorney
No one wants to think about their child becoming severely sick or incapacitated, but having a healthcare proxy in place allows you, as a parent, to make medical decisions on behalf of your young adult if they’re unable to do so themselves (for example, if they’re temporarily unconscious or in a coma). Without it, you won’t have the legal right to access their medical information or be involved in their care. It’s far better to have this form signed and never need it, than to face an emergency without it.
HIPAA Release Form
The Health Insurance Portability and Accountability Act (HIPAA) protects an individual’s privacy from everyone–including their own parents. It is important to have a HIPAA release form naming you as an authorized recipient of your child’s health information. A HIPAA form allows you to speak with your child’s providers and have access to all medical records, including mental health information if it is indicated on the form. Without this form, you may not be able to get any details or information if your child is injured or sick.
FERPA Waiver
The Family Educational Rights and Privacy Act (FERPA) prohibits an educational institution from sharing a student’s educational record (including academics and health) with anyone, unless the student has provided explicit authorization, regardless of who is paying the bills. Most colleges will provide a waiver to provide additional individuals access to a student’s records. If you’re paying for your child’s tuition, you may feel you have the right to see how they are performing academically. Or perhaps you trust them to communicate their schedule and grades and are fine not having your own access to their records. Exploring the possibility of a waiver is a personal choice, but it is worth having this conversation with your child before college starts.
To clarify the difference between HIPAA and FERPA:
- In general, community health care providers are governed by HIPAA, while school-based providers follow FERPA. This is because schools typically maintain student health information as part of education records, which are protected under FERPA.
- Education records covered by FERPA are not subject to HIPAA.
- School-based health centers run by HIPAA-covered entities, such as hospitals or health systems, are subject to HIPAA. However, if the clinic is operated by the school itself, FERPA applies.
Financial Power of Attorney (DFPA)
Implementing a Financial Durable Power of Attorney allows your child to appoint you as an agent to manage their financial matters if, for some reason, they cannot. This POA is useful even when the scenario is not dire, such as if your child becomes temporarily or permanently incapacitated. For instance, if your child decides to study abroad, a DFPA will allow you to renew their car insurance or vehicle registration for them in their absence. Bottom line, this POA allows you to step in to make financial decisions when needed.
Living Will/Advance Directive
This document is important to have if your young adult has assets, as they may want to indicate what happens to them if they pass away or become permanently incapacitated. This document also gives them the autonomy and opportunity to indicate their end-of-life or medical treatment wishes such as DNR orders and organ donation.
Insurance
When your child is at school, depending upon their living arrangements, they may need insurance coverage. You may need to add renter’s insurance, especially if your child is living in off-campus housing. Make sure that your property and casualty insurance extends to their living situation. And if your student is keeping a car on campus, it’s a good idea to notify your auto insurance company.
Before your child leaves for school, it will be necessary to have a meaningful conversation with them so that you can discuss the necessity and importance of these forms. You will need the buy-in and signature of your freshly minted young adult and that may not be as easy as you hope, and more than one conversation may be in order. Frame the discussions around facts rather than emotions. Emphasize and acknowledge the respect and boundaries your student wants and needs. Present the facts and logical reasons why these documents are necessary not only for their safety and best interests, but also for your ease and convenience should a situation occur where they are needed.
Many of these forms can be found online for free and through paid legal form services such as Mama Bear Legal Forms. You can also check your student’s university’s website for FERPA and HIPAA forms. Consult your attorney to help you if necessary.
Congratulations to both you and your recent high school graduate! We hope the next four years are remarkable in the best possible ways and are all that you both hope they will be.
