Preparing your child to leave for college is both exciting and daunting. After paying the enrollment deposit, completing the dorm application, and buying that first official college sweatshirt, it may feel like everything is set. But there’s one critical area that often gets overlooked—legal planning.
College is a significant transition, and when your child turns 18, they are legally considered an adult. This means that your ability as a parent to make medical or financial decisions on their behalf, or even access their academic records, disappears without proper legal authorization.
Here’s why these legal documents are essential and how they can empower you to support your child in times of need.
Why Legal Documents Are Necessary
Once your child turns 18, you lose automatic access to their personal, medical, and financial information—even if you’re paying the bills. Imagine these scenarios:
- A medical emergency where you’re unable to obtain updates or make decisions for your child.
- A financial dispute or issue where you have no authority to help manage accounts.
- Academic records, grades, and disciplinary information that are completely inaccessible to you.
By completing a few critical legal documents, your child can grant you the authority to assist them in these important areas.
Five Must-Have Legal Documents for College Students
- Family Educational Rights & Privacy Act (FERPA) Waiver
The FERPA Waiver allows your child to authorize you to access their academic information, such as grades, financial aid details, and class schedules. Without this waiver, colleges cannot legally share this information with parents. - Healthcare Power of Attorney
A Healthcare Power of Attorney gives you the ability to make vital medical decisions if your child becomes incapacitated or is unable to communicate their wishes. - Living Will
A Living Will outlines your child’s preferences for end-of-life care, including decisions about life-sustaining treatments and organ donation. This document ensures their wishes are respected during critical moments. - HIPAA Release
The HIPAA Release authorizes healthcare providers to share medical information, such as diagnoses, treatments, and test results, with you. Without it, doctors are legally prohibited from disclosing this information to parents. - Financial Power of Attorney
A Financial Power of Attorney allows you to manage your child’s finances if they are incapacitated. This can include paying bills, managing accounts, renewing vehicle registrations, or handling financial transactions on their behalf.
When to Complete These Documents
It’s best to complete these legal documents as soon as your child turns 18, or at the latest, before they leave for college. If your child is attending college out-of-state, make sure the documents comply with the legal requirements of that state.
At Duncan Legal, PC, we understand the importance of protecting your child’s future and giving you peace of mind. We’ll guide you through creating the necessary documents to ensure that you can continue to support your child during this important stage of life.
Contact us today to schedule a consultation and ensure your family is prepared for college and beyond.
Call (303) 394-2358 or visit www.duncanlegal.com to get started.




