What forms do you need for permission to assist your adult child?
Sending a child off to college comes with a long list of things to do. Between tuition payments, housing arrangements, class schedules, meal plans, and everything that needs to be packed, a few important legal documents may be easy to overlook.
Once your child turns 18, however, your legal ability to step in and help changes significantly. Even if you are paying tuition, providing health insurance, or covering most of your child’s expenses, it can be a surprise to learn that you no longer automatically have the same authority to access information or make decisions on your child’s behalf that you had when they were a minor.
That distinction can become especially important when your child is living away from home. An unexpected illness or accident could leave you trying to obtain medical information or make decisions from hundreds of miles away. Without the appropriate documents in place, your ability to get information or step in on your child’s behalf may be limited. Even less serious situations can create complications if your child needs help handling financial or administrative matters while at school.
These considerations are not limited to students leaving for college. Having appropriate documents in place may be worth considering for any adult child, whether they attend college, pursue vocational training, remain at home, or move away. Here are several documents you may want to discuss and put in place.
HIPAA Authorization
Medical information is protected by federal privacy law. Once your child is an adult, being their parent does not automatically give you unrestricted access to medical information, even if you are the one providing their health insurance coverage.
A HIPAA (Health Insurance Portability and Accountability Act) authorization allows your child to specify the people with whom health care providers may share protected medical information and to define the type of information that may be disclosed.
HIPAA does permit health care providers to share certain information with family members in some circumstances without a written authorization. For example, if a patient is incapacitated, a provider may use professional judgment to share information relevant to the patient’s care if doing so is considered to be in the best interest of the patient.
However, having a written authorization in place can reduce uncertainty about whom your child has authorized to receive information.
Health Care Proxy or Medical Power of Attorney and Advance Directive
Receiving information about your child’s medical condition and having the authority to make medical decisions for your child are two different things. The names of forms may vary by state, but a health care proxy, health care representative designation, or medical power of attorney allows your child to designate someone to make health care decisions if they become unable to make those decisions independently.
An advance directive or living will can also document your child’s wishes regarding medical care if they cannot communicate those wishes. Depending on the document and your state’s law, it may address matters such as life-sustaining treatment and organ donation.
These are difficult circumstances to imagine when your child is heading off to college, but having the appropriate documents in place can provide clarity if an emergency occurs.
Durable Power of Attorney
A durable power of attorney allows your child to authorize someone to handle specified financial and legal matters on their behalf.
Depending on how the document is drafted, that authority might include paying bills, handling banking matters, filing taxes, dealing with insurance, or managing other financial and administrative responsibilities.
A power of attorney may be especially useful if your child becomes incapacitated, but it can also be helpful in less serious circumstances. For example, a student studying abroad may need someone at home who can address a financial or legal matter that cannot easily be handled from another country. The authority granted by a power of attorney can be broad or limited.
FERPA Authorization for College Students
The Family Educational Rights and Privacy Act (FERPA) protects the privacy of student education records. FERPA rights generally transfer from the parents to the student when the student turns 18 or begins attending a postsecondary institution. This means parents generally do not have automatic access to their adult child’s education records.
There are exceptions under FERPA that may permit a college to disclose certain information without the student’s consent, but parents should not assume that they will automatically have access simply because they pay tuition or claim the student as a dependent. Colleges generally have procedures that allow students to authorize the release of certain education records to parents or other designated individuals.
Have the Conversation Before Your Child Leaves Home
Putting these documents in place does not mean giving parents unlimited access to every aspect of an adult child’s life.
HIPAA authorizations, powers of attorney, and other documents can be structured to respect your child’s wishes and comfort level. For instance, your child may want you to be able to help during a medical emergency without giving you unrestricted access to medical records. Or they may want a financial power of attorney to provide you with authority only under particular circumstances.
As your child takes the next steps into adulthood, discussing these documents can help prepare both of you for the practical realities that come with greater independence. College preparation often focuses on everything a student will need once they arrive on campus, but it is also important to consider what may be needed in an unexpected situation. Taking care of a few legal documents before move-in day can help ensure that you are able to step in and assist if your child needs you while away from home. If you would like to learn more, please contact us.