Once your child turns 18, you generally no longer have automatic legal authority to access their medical information, make health care decisions for them, or handle financial matters on their behalf. Before they leave for college, having a health care proxy, durable power of attorney, and HIPAA authorization in place can make it much easier for you to help if an emergency arises.
These documents can be useful whether your student attends college in Massachusetts or moves across the country.
Why Do College Students Need Legal Documents After Turning 18?
For parents, the transition from high school to college can create an unexpected legal change. An 18-year-old is an adult, even if they still depend on you for tuition, housing, insurance, or other financial support.
That means you may not automatically have access to information or the authority to act simply because you are their parent.
Imagine your college freshman is seriously injured in an accident and cannot communicate with doctors. Or perhaps your student is studying abroad and needs someone at home to address a financial matter. Advance planning can give a trusted person the legal authority needed to step in under the circumstances covered by the documents.
What Does a Health Care Proxy Do for a College Student?
A Massachusetts health care proxy allows your adult child to name someone they trust as their health care agent. If your child becomes unable to make or communicate health care decisions, the agent can make those decisions on their behalf.
Depending on the situation, a health care agent may be able to communicate with medical providers, make decisions about treatment, and address other health care matters consistent with the authority granted under the proxy.
For many college students, a parent is the natural choice. However, your child decides whom to appoint.
A properly prepared health care proxy can also reduce the possibility that family members will need to seek court involvement to obtain authority to make decisions during a medical crisis.
Why Should College Students Consider a Durable Power of Attorney?
A durable power of attorney addresses financial and legal matters rather than medical decisions. Your student can authorize a trusted person, called an agent, to handle specified matters on their behalf.
Depending on how the document is drafted, that authority may include:
- Managing bank or other financial accounts
- Communicating with insurance companies
- Addressing certain housing or lease matters
- Handling bills or other financial obligations
- Assisting with financial matters while the student is traveling or studying abroad
A power of attorney can be particularly useful when a student is unable to handle an issue personally. The document can be tailored so that your child grants appropriate authority without unnecessarily giving someone control over every aspect of their finances.
Does a Parent Need a HIPAA Authorization for a College Student?
A HIPAA authorization can allow health care providers to share protected medical information with the people your child identifies.
Parents are often surprised to learn that paying for a child’s health insurance or keeping them on a family health plan does not necessarily give them unrestricted access to the child’s medical information once the child is an adult.
A HIPAA authorization can help address that issue. Your student can identify who may receive medical information and specify the scope of the authorization.
The HIPAA authorization and health care proxy serve different purposes, so families may choose to have both documents in place.
When Should College Students Prepare These Documents?
Ideally, these documents should be prepared after your child turns 18 and before they leave for college. They should also be reviewed periodically, particularly if your student’s circumstances or choice of trusted agents changes.
If your child attends school outside Massachusetts, additional planning may be appropriate. We can help determine whether documents prepared in Massachusetts will meet your family’s needs and whether there are other considerations based on where your student will be living.
Add Legal Planning to the College Checklist
Packing, tuition payments, and move-in plans tend to receive most of the attention before college begins. Legal planning deserves a place on that checklist, too.
At Surprenant, Beneski & Nunes, P.C., we help Massachusetts families prepare for the legal changes that come with adulthood. If your child is turning 18 or preparing to leave for college, contact us to discuss a health care proxy, durable power of attorney, HIPAA authorization, and other documents that may be appropriate for your family.
