After eighteen years of caring for your child, it can be alarming to realize that on that magical birthday, they suddenly take on ALL the responsibilities of adulthood, whether they are equipped or not. Young adults who are eager for independence may push back against a request to sign a college power of attorney, believing they don’t really need it or you’re trying to control them. However, at some point or another, most young adults find themselves in over their heads, may end up in credit card debt, wind up in a car accident, or get into trouble at school. All of these are scenarios you, the parent, could assist with at age 17, but cannot once they turn 18…unless you have some legal protections in place ahead of time.
Medical Emergencies
HIPPA / Healthcare
HIPPA (Health Insurance Portability and Accountability Act of 1996) is a federal law that creation national standards to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge. This act also contains standards for individuals’ rights to understand and control how their health information is used.The act was created to make protect individuals’ healthcare information, but comes into play with your adult children when, at age 18, you can no longer legally go with them to appointments, inquire about test results, or even find out why they are in the hospital unless the child has given express, written consent.
A few of the things you need HIPAA consent for include:
A few of the things you need HIPAA consent for include:
- Appointments
- Test Results
- Insurance claims
- Billing
- Benefit eligibility inquiries
- Referral authorization requests
Protect your child by having him/her complete a HIPPA authorization form. Send one to the college and keep one on file at home.
Medical Power of Attorney
A medical power of attorney form is strictly for health care choices should your son or daughter become incapacitated. There is also the option of a general durable power of attorney, which covers financial decisions as well as medical. Find your state’s medical power of attorney information here.Financial / Durable Power of Attorney
Durable POA enables a designated agent (such as the parents) to make financial and medical decisions on the student’s behalf. When signing it, your child can choose whether that power transfers immediately or only if s/he becomes incapacitated. You can also write in start and end dates to reassure that this is a limited power of attorney for college.Powers may include:
- Managing bank accounts
- Paying bills
- Filing taxes
- Applying for government benefits
- Breaking a lease
A durable power of attorney document applies only in the state in which it was formed—so if your child is attending school in another state, you should secure power of attorney for the other state as well. Some states also require the signature of a witness or a notary public.
Generally, schools must have written permission from the student to release any information from a student’s education record. This includes class schedules, transcripts, and grade point averages, but also extends to financial records within the school, such as scholarship information and money due, and living circumstances, such as dorm room assignment or any personal issues the student experiences.
Protect your child by having them provide written permission allowing the school to discuss all FERPA-related topics with you, as needed.
College-Specific
FERPA (Family Educational Rights and Privacy Act) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.Generally, schools must have written permission from the student to release any information from a student’s education record. This includes class schedules, transcripts, and grade point averages, but also extends to financial records within the school, such as scholarship information and money due, and living circumstances, such as dorm room assignment or any personal issues the student experiences.
Protect your child by having them provide written permission allowing the school to discuss all FERPA-related topics with you, as needed.
Protect Your Child in 10 Minutes
You can get all of these young adult power of attorney documents at Mama Bear Legal Forms. It’s considerably cheaper than going through a standard lawyer because this is what she does, and she has templates for each state, rather than re-creating the wheel each time (it’s the time that costs you more money).You’ll want to have these in place before your child goes off to school, but don’t fret if you’re running behind — there’s no time like the present! The package includes: HIPPA, FERPA, power of attorney for health and finances, plus a free App for scanning, storing and sharing. If you visit through this link, you’ll also save 20% off your order.
