By: Amy C. O’Hara, Certified Elder Law Attorney

Sending a child to college involves more than selecting courses, furnishing a dorm room, and purchasing a meal plan. There are also important legal documents that every family should consider before the semester begins: a power of attorney and a health care proxy.

These documents may not seem unnecessary for a healthy young adult, but emergencies are, by definition, unexpected. Once a child turns 18, a parent no longer has automatic legal authority to make decisions or handle matters on the child’s behalf. This is true even if the student remains financially dependent on the parents, is covered by their health insurance, or is attending a college for which the parents are paying.

The Legal Significance of Turning 18

Until a child reaches adulthood, parents generally have legal authority to make medical and financial decisions for the child. Once the child turns 18, that authority ends. The student is now an adult in the eyes of the law, and parents may encounter significant obstacles if the student becomes ill, is injured, or is otherwise unable to manage their affairs.

For example, if a college student is hospitalized following an accident, medical providers may be restricted from sharing information with the parents. Similarly, parents may not be able to access the student’s bank account, address an insurance issue, communicate with a landlord, or handle another urgent financial matter without proper legal authorization.

Advance directives allow the student to decide, in advance, who should have authority to assist if the need arises.

The Health Care Proxy

A health care proxy permits a student to designate a trusted person, usually a parent or another close family member, to make medical decisions if the student becomes unable to make or communicate those decisions personally. The student remains in control of all medical decisions for as long as the student is able to make them.

The document becomes especially important when a student is unconscious, under anesthesia, seriously injured, or experiencing a medical or mental health crisis that affects the student’s ability to communicate. The designated health care agent can speak with physicians, review treatment options, and make decisions based on the student’s wishes.

The student should discuss personal values and preferences with the selected agent. Although no family wants to contemplate a serious medical emergency, a brief conversation beforehand can provide invaluable guidance during a crisis. 

A separate authorization permitting the release of protected health information may also be advisable. This can help parents obtain information and communicate with health care providers even when the student remains capable of making medical decisions.

The Power of Attorney

A power of attorney addresses financial and legal matters rather than medical decisions. Through this document, the student appoints an agent to act on the student’s behalf.

Depending on the authority included in the document, the agent may be able to communicate with financial institutions, access accounts, address insurance claims, sign documents, handle housing matters, pay bills, file tax returns, or resolve other administrative problems. This can be particularly useful if the student is studying far from home, traveling abroad, or temporarily unable to manage these matters because of an illness or injury.

Signing a power of attorney does not prevent the student from continuing to control their own finances. It simply gives another trusted person the legal authority to assist when necessary. The document can also be revoked or revised while the student has legal capacity.

Choosing the Right Agents

The individuals selected under these documents should be trustworthy, responsible, and willing to act. A student may appoint the same person under both documents or choose different people for medical and financial matters. It is also wise to name a successor in case the first person is unavailable.

The documents should be prepared and signed before the student leaves for college. Copies should be provided to the appointed agents, and the student should know how to access them electronically. Because state laws differ, families should consult an attorney about the appropriate documents, particularly when the student attends college outside the student’s home state.

A Simple Step That Can Prevent a Crisis

A health care proxy and power of attorney do not take independence away from a college student. To the contrary, they allow the student to decide who may help and what authority that person will have.

Most families will never need to use these documents. If an emergency occurs, however, having them in place can mean the difference between obtaining immediate assistance and facing delay, uncertainty, or even a court proceeding. Preparing advance directives should therefore be viewed as a routine part of getting ready for college, along with registering for classes, arranging housing, and packing for the semester.