Is it necessary to get a power of attorney for a college student? What are its benefits and disadvantages? How can I get it?
College students are usually legal adults, which means parents may not have a say when a medical crisis hits. A medical power of attorney can help them stay informed and make decisions in an emergency.
You may be wondering in what state to have power of attorney for an out-of-state college kid. A durable power of attorney document applies only in the state in which it was formed—so if your concerns are about what might happen at school, you should at a minimum secure power of attorney for the other state.
But we suggest creating one for both states because it’s not unusual for hospitals to discharge seriously injured people into rehabilitative or long-term care. Parents will want to be near that facility, which means they’ll need decision-making power at home.
Setting up college power of attorney in many states, and setting up a medical power of attorney for college students is as easy as filling out a form that calls for names, contact information, signatures, and what powers the student is delegating. You don’t necessarily have to use this form, but it’s a good idea because it’s the standard, which means hospital legal departments are likely to accept it. Some states require the signature of a witness or a notary public.
The procedure might be slightly different if your student is under 18 when you set up a medical power of attorney. In that case, the parent has decision-making authority until the student is 18 but might want to delegate it to a local relative or trusted friend. To use your power of attorney, bring it to the hospital where needed; a doctor or hospital legal department will typically review it.
Why Would a District Attorney be Looking for Me?
Setting up college power of attorneyIn many states, setting up a medical power of attorney for college students is as easy as filling out a form that calls for names, contact information, signatures, and what powers the student is delegating.
You don’t necessarily have to use this form, but it’s a good idea because it’s the standard, which means hospital legal departments are likely to accept it. Some states require the signature of a witness or a notary public.
The procedure might be slightly different if your student is under 18 when you set up a medical power of attorney. In that case, the parent has decision-making authority until the student is 18 but might want to delegate it to a local relative or trusted friend. To use your power of attorney, bring it to the hospital where needed; a doctor or hospital legal department will typically review it.1
According to the law, an adult’s legal rights and responsibilities begin at age 18. Specifically, under federal HIPPA laws, all adults have the right to medical privacy. This means once your child turns 18, you no longer have the right to receive their medical information or make medical decisions on behalf of your adult child. Without proper estate planning, including creating a durable power of attorney and medical durable power of attorney, you may have trouble helping your student in an emergency.
Why Does Your College Student Need a Durable Power of Attorney?
Students heading to college may still feel like their parents have control over their financial decisions, especially if the parents are paying for educational costs and living expenses. However, once the student turns 18, the legal relationship changes, and parents no longer have certain rights and responsibilities regarding the adult child.
Talk with your student about planning for their time in college, and beyond, before they head off to school. Consider creating and signing a durable power of attorney for finances that would allow you to: Pay your student’s medical bills and handle insurance claims in case of a medical emergency, Pay rent or cancel a rental agreement, File tax returns, Apply for and receive government benefits, Pay credit card bills, utilities, and other outstanding debts, and access and manage the student’s financial accounts if they are unable.
Can Power of Attorney Change Will?
Without a clear directive, you may need probate court approval to manage your student’s finances after an accident or illness. If your student is attending college in another state, probate court matters become even more complicated.
What is a Medical POA? Why is Power of Attorney for a college student important?
Depending on the state where you live and where your student attends college, a Medical Power of Attorney (POA) may also be called a Health Care Directive for College Students, a Healthcare Proxy, or a Medical Directive for College Students. It’s crucial to discuss why your student needs a medical POA for college student protection before they leave for school. If you are not named as your child’s medical durable power of attorney, they are involved in an accident or become ill.
You have no right to:
Review their medical records, Speak with the medical providers, or Make medical decisions on behalf of your child without court approval.
In an emergency, without a legal medical directive for college students appointing you as your adult child’s POA, the doctors will make all medical decisions for your child. You cannot even pay your child’s medical bills without a valid durable power of attorney.
Other Important Planning Documents
A Student Should According to federal HIPPA laws, medical providers and facilities cannot legally release an adult student’s medical information to anyone other than the student. This restriction includes the student’s parents. Doctors cannot speak to an adult student’s parents, and without the right legal planning, a parent might need a probate court order to look at their adult child’s records.
To avoid these problems, adult children should consider signing a simple HIPPA Release for College Students to allow full disclosure of their medical records to named people, such as parents, in situations when the student is unable to give permission.
Also, depending on the student’s unique circumstances, a Will, Trust, or Living Will could be appropriate to avoid uncertainty in case of a serious illness or a tragic accident.
How Do You Prove Power of Attorney Abuse?
The attorneys can explain which estate planning documents may be appropriate for your unique family situation. You must work with an experienced estate planning attorney for your college student, as the provisions in these documents can differ from the general power of attorneys.
When to Plan For Your College Student’s Future
The best time to plan for your new graduate’s future is before they leave for college and turn 18. These discussions are difficult, but they are crucial to address legal responsibilities and protect your adult child before an emergency arises. Once the documents are properly executed, your student should bring copies to college and you should keep the originals in a safe place. If possible, also file the durable power of attorney with Student Records and the medical POA with the college’s medical provider. A roommate or other trusted student should also know where to find the directives in case of an emergency.
Power of Attorney for a College Student: Health Care
Why is it important to have a power of attorney for a college student for Healthcare matters?
A Power of Attorney for Health Care allows your child to designate an agent to make medical decisions when he or she is unable to do so. For a young adult, it is important to make sure that you have access to your child’s medical records. This is particularly true when your child is too busy with school work to take care of follow-up health care items, such as transferring files or requesting copies of x-rays to at-home doctors. In some states, Durable Power of Attorney for Health Care forms include HIPAA release language. However, if a state’s Power of Attorney does not incorporate HIPAA language, a separate release form should be prepared.
Power of Attorney for a college student: property
why is it power of attorney for a college student in legal and property matters? What is the need?
In addition to a Durable Power of Attorney for Health Care, your 18-year-old child should execute a Durable Power of Attorney for Property. Without it, even though a parent may be a child’s sole source of support, a parent has no right to access a college-age child’s bank account or receive a copy of your child’s grades. A Durable Power of Attorney for Property designates an agent to handle financial matters for the principal. While your child is at school, you may need a Durable Power of Attorney for Property to manage student loans, investment accounts, and other fiscal matters.