College is an exciting time in the life of both the parents and the potential new students. With it comes some big decisions. Things like which school to attend, what major should be pursued, and what to bring to the dorm are things most people think about when preparing for the transition.
What often slips through in this time of excitement are conversations about finances, healthcare, and access to legal records of the student. By the time most students leave home to attend college they have reached the age of 18.
These students in the eyes of the law are independent legal adults no matter how attached to the parents they may be. Parents could be prohibited from obtaining medical records or speaking with physicians, assisting with finances at a financial institution, or contacting the college regarding grades and records.
For these reasons mentioned above, Martin L. Rogalski, P.C. recommends any parent sending their child off to college be granted a General Durable Power of Attorney and a Health Care Power of Attorney. This ensures the parent can be there to assist the child when needed and be available to make medical decisions in a worst-case scenario.
Here are some ways to utilize the Powers for your students:
I. General Durable Power of Attorney
This type of Power of Attorney allows the parents to legally act as the student if a situation arises. The parents can handle financial matters and sign legal documents on the student’s behalf while not taking away the student’s right to do so themselves. The student can still act on their own behalf and the parents can simply be there to assist the student when needed. This type of document allows for the “best of both worlds” for the student and parent.
Further, the document allows for parents to discuss issues with school administration, counselors, and registrar offices. Most colleges if the student is over 18 years of age will not disclose information about the student’s status or grades with anyone without some kind of release.
II. Health Care Power of Attorney
A Health Care Power of Attorney, (sometimes called a DPOA or living will), allows the parent to have access to the students’ medical records and help decide treatment if the student is unable to make medical decisions due to a medical condition.
As mentioned above, when a student turns 18, any medical records or discussions with medical providers become governed by HIPAA. Parents no longer have immediate access to these records or conversations with medical providers. With a Healthcare Power of Attorney, parents are able to request records, make appointments, and assist the student with any medical decisions if necessary.
Ultimately, it is our recommendation to any parent sending their kid(s) off to college to consider having this conversation before they pack up the car. In all of the excitement and nerves of the next big step, it can be easy to forget the paperwork part of the journey. Our office is ready to discuss these concepts in greater detail with both you and your new college student. Let us take some of the anxiety and nerves away from both the parent and the student by having protections in place before the need arises.
Reach out to Martin L. Rogalski, P.C. with any questions or to start the process.
