From campus tours and acceptance letters to final exams and summer plans, sending a child off to college – or preparing for their return home – comes with a long checklist. Whether your student is starting college for the first time or completing another academic year, there is one important item parents often overlook: ensuring appropriate legal documents are in place.
Once a child turns 18, they are legally considered an adult. As a result, parents no longer have automatic access to their child’s medical, financial, or educational information unless the student authorizes it. This can come as a surprise, particularly in emergency or time-sensitive situations.
A health care power of attorney allows a student to appoint an agent – often a parent – to make medical decisions on their behalf if they are unable to do so. This document typically includes authorization under the Health Insurance Portability and Accountability Act (HIPAA), allowing the agent to access medical information when it matters most. In a crisis, having this authority in place can save valuable time and reduce unnecessary stress.
A financial power of attorney allows an appointed agent to handle legal, property, banking, and other financial matters on the student’s behalf. These documents can be tailored to the student’s needs. For example, a power of attorney may be drafted as “springing,” meaning it becomes effective only if the student is incapacitated, or as “durable,” allowing the agent to act at any time. The authority granted may be broad or limited to specific purposes, such as accessing bank accounts or signing documents.
Educational records present another common issue for families. The Family Educational Rights and Privacy Act (FERPA) protects the privacy of student education records once a student enrolls in college. Parents do not have automatic access to grades, disciplinary records, or billing information without the student’s consent. Executing a FERPA waiver, often in conjunction with a power of attorney, can allow parents to receive appropriate information when needed. Institutional policies vary, making advance planning especially important.
Parents and students should consider consulting with a local estate planning attorney to prepare these documents. Properly executed powers of attorney in Pennsylvania are generally recognized in other states. Taking these steps sooner rather than later can help avoid unnecessary complications and provide peace of mind for students and their families.
If you would like guidance on preparing these documents or determining what makes sense for your family, please reach out to attorney Julia Parrish or any member of Barley Snyder’s Trusts & Estate Practice Group.
