Congratulations! After four years of hard work, your student is graduating and is moving on to the next phase of life. I'm sure that the thought of sending your student off into the world brings a wealth of emotions and a long shopping list for that campus dorm room. As a parent of a college student myself, I understand your concerns, fears and excitement. As a college planning expert, I realize there are other, less obvious, steps that are important to take as your adult child heads off to college.
It might not have occurred to you to have certain legal documents in place to make sure you can intervene on your student's behalf if they are injured, ill or incapacitated while at school. And you may not have thought about the fact that once your student turns 18, you may think of him/her as a child, but under the law they have now achieved adult status. They are allowed to vote, serve in the military, serve on a jury, sign a contract and get married, all without your consent (and you will not have access to your student's grades without permission!). Although the law still prohibits them from drinking alcohol or renting cars, their legal status is now decidedly different.
As I am not a lawyer and not qualified to provide legal advice, I turned to friend, estate lawyer and parent Lori Hunt of Manfred & Hunt, LLP for help. She has prepared a packet of legal documents you may find useful. Below is a list of the documents along with suggestions of other steps to take before your student heads to college - at the bottom of this page, you’ll find a form to complete to receive the packet of documents.
Legal Documents to put into place:
Advance Health Care Directive (with HIPAA release): When a child reaches age 18, the child’s parents can no longer get access to the child’s medical records or make medical decisions on their behalf. A HIPAA Authorization Form allows parents to get information about their child’s health and treatment. An Advance Health Care Directive allows parents to make medical decisions on the child’s behalf if the child is unable to make such decisions due to being incapacitated.
Power of Attorney: A Durable Power of Attorney provides a parent with the authority to handle financial and legal matters on the child’s behalf if the child is incapacitated. This allows the parent to manage bank accounts, pay bills, file tax returns, terminate contracts and apply for government benefits.
Once signed, it would be a good idea to scan the documents so that both you and your student can easily access them electronically.
Other things to consider:
FERPA Waiver: Even though you may be paying the college bills, you don’t automatically have the right to see your child’s education records, such as grade reports, health records and disciplinary actions. It is best to have the child sign a FERPA Waiver to allow the college to disclose education records to the parents. Each college has its own version of a FERPA Waiver. Ask the college’s registrar for the FERPA Waiver.
Health Insurance: Although the Affordable Care Act (ACA) extended coverage of children through age 26, it is a good idea to confirm that your child is covered under your health insurance, especially if the child is going to college out of state or in a different country.
Homeowner's Insurance: Check whether your homeowner’s insurance covers your child’s belongings while they are away at college. Some homeowner’s insurance policies will cover a child’s property only if the child is living in college owned or operated housing, such as a dorm room. If the child is living in a fraternity, sorority or off-campus apartment, they may need to get renter’s insurance.
If you would like to receive the packet of legal documents, please complete the form below and we will send it to you. Please note: College Made Clear does not provide legal advice or make any claims. For legal assistance or notary services, please contact Lori Hunt at Manfred & Hunt LLP.