Sending your child off to college is one of life’s biggest milestones. Between choosing classes, shopping for dorm essentials, and preparing for move-in day, there is no shortage of things to do. While you’re focused on helping your student succeed academically, there’s one important step that many families overlook—making sure they have the legal documents they’ll need as an adult.
At Duncan Legal, PC, we often remind parents that turning 18 is more than a birthday milestone. Legally, your child is now considered an adult. Even if you’re paying tuition, providing health insurance, or supporting them financially, you no longer have the automatic legal authority to make medical decisions, access educational records, or handle financial matters on their behalf.
Preparing these important documents before your student leaves home can provide peace of mind for everyone involved and help ensure you’re able to assist if the unexpected happens.
Why These Documents Matter
No family plans for an emergency, but accidents and unexpected illnesses can happen at any age.
If your college student is injured, hospitalized, or temporarily unable to make important decisions, healthcare providers, financial institutions, and colleges may be legally prohibited from speaking with you or accepting your decisions unless the appropriate legal documents are already in place.
Fortunately, a small amount of planning now can make a significant difference later.
Here are five important legal documents every college student should consider before heading to campus.
1. Family Educational Rights and Privacy Act (FERPA) Waiver
When your child turns 18 or begins attending college, the Family Educational Rights and Privacy Act (FERPA) transfers control of their educational records from the parent to the student.
Without a FERPA authorization, colleges generally cannot discuss:
- Grades and transcripts
- Enrollment status
- Class schedules
- Financial aid information
- Academic standing
- Disciplinary matters
If your student wants you to have access to this information, they should complete the school’s FERPA authorization form. Many colleges make these forms available during orientation or through their online student portal.
2. Healthcare Power of Attorney
A Healthcare Power of Attorney allows your student to designate someone they trust to make medical decisions if they’re unable to communicate those decisions themselves.
Whether the situation involves an accident, serious illness, or unexpected medical emergency, this document allows the designated individual to work directly with healthcare providers regarding treatment decisions.
Without this document, family members may face delays or even court proceedings before they can legally assist.
3. Living Will (Advance Directive)
Although it’s difficult to think about worst-case scenarios, every adult should consider preparing a Living Will, also known as an Advance Directive.
This document allows your student to express their wishes regarding certain life-sustaining medical treatments if they become permanently unconscious or unable to communicate.
Having these conversations before they’re ever needed can provide clarity for loved ones during an already emotional time.
4. HIPAA Authorization
The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of medical information.
Without written authorization, doctors and hospitals may not be able to discuss your student’s condition with you even if you’re their parent.
A HIPAA Authorization allows your student to designate individuals who may receive information regarding:
- Medical diagnoses
- Test results
- Medications
- Hospitalizations
- Treatment plans
- Follow-up care
This document can be invaluable during a medical emergency.
5. Financial Power of Attorney
When your child turns 18, their financial affairs become private as well.
A Financial Power of Attorney allows your student to appoint someone they trust to handle financial matters if they’re temporarily or permanently unable to do so.
This authority may include:
- Paying bills
- Managing bank accounts
- Handling insurance matters
- Renewing vehicle registrations
- Signing financial documents
- Completing important transactions
Even families who share a joint bank account often benefit from having this document in place because it provides broader authority when unexpected situations arise.
Students Attending College in Another State
If your child is attending college outside your home state, additional planning may be appropriate.
While many estate planning documents are generally recognized across state lines, each state has its own laws governing powers of attorney, healthcare directives, and other legal documents. Reviewing your student’s plan before they leave can help ensure their documents will function as intended wherever they attend school.
Don’t Wait Until Move-In Day
These documents are best completed shortly after your child turns 18 or at the very latest, before they leave for college.
Preparing these legal documents isn’t about expecting something to go wrong. It’s about making sure your family is prepared if life takes an unexpected turn.
Just as you help your student prepare academically and financially for college, taking the time to complete these important legal documents is another way to help protect their future.
Give Your College Student a Strong Start
At Duncan Legal, PC, we believe estate planning isn’t just for retirees or individuals with significant assets. Every adult including young adults heading off to college can benefit from having the proper legal documents in place.
If your son or daughter is preparing for college, now is the perfect time to discuss Healthcare Powers of Attorney, Financial Powers of Attorney, HIPAA Authorizations, Living Wills, and other essential planning documents.
Duncan Legal, PC
6436 S. Racine Circle, Suite 227
Centennial, CO 80111
Call (303) 394-2358 or visit www.duncanlegal.com to schedule a consultation. We’ll help your family prepare the right legal documents so your college student can begin this exciting chapter with confidence and you can enjoy greater peace of mind knowing they’re protected, no matter where life takes them.
