Co-written by Amy Holmes and Samantha Rodriguez
When your child turns 18 and heads off to college, they legally transition into adulthood. An often overlooked part of this transition is the need for proper legal documentation to ensure that parents can assist and make decisions if their child is unable to.
A Power of Attorney grants the authority to manage financial affairs. For an 18-year-old college student, this means their designated agent, often a parent, can handle banking, bill payments, managing leases, and other financial transactions on their behalf. If the student is studying in a different state or country this can be especially useful, as it ensures finances can be managed during emergencies without court approval.
A Healthcare Proxy, allows an individual to appoint someone to make healthcare decisions on their behalf if they are unable to do so. In the event of a medical emergency this document ensures that a trusted person can make medical decisions. A key advantage is that it allows access to vital medical information, overcoming privacy laws that would otherwise prevent parents from accessing their child’s medical details once they turn 18.
In the absence of these documents, parents face significant hurdles when trying to assist their adult children as hospitals and financial institutions are bound by privacy laws. They will not release information or allow parents to make decisions without the proper legal authorization given by the two documents.
Consulting with an attorney is crucial, as they can ensure that the documents meet all local legal requirements. Different states may have varying laws and regulations, so having the proper documentation for each jurisdiction is vital for seamless support and decision-making. This should be considered if your child is attending school in a different state.
As your child goes off to college, having the Power of Attorney and a Healthcare Proxy is a proactive step to provide the support necessary. To avoid these potential issues and ensure peace of mind, contact us for detailed information or to start the process!
