Estate Planning Tips for Kids or Grandchildren Going Off to College

By Jada Gaines CONTRIBUTOR

The high school chapter in your child’s life story book has come to an end. The past few weeks and months you likely have spent running around trying to prepare to send your new college student off to school. Chances are that if you have or know of a college-aged student, estate planning is probably the last thing on your mind when making that handy-dandy checklist of items that need to be packed or purchased for a dorm room or a new apartment. You’re filled with so much excitement for this new chapter and think the only documents your college-aged student needs to be concerned with are relating to housing assignments, class schedules, and admission records, right? Wrong!

Sometimes it’s hard to take a step back and remind yourself that your new (or current) college-aged student, who is likely at least 18 years old, is technically an adult! Yes, your baby is legally recognized as an adult, and with that recognition means that they are the only person responsible for their decisions regarding things such as their health, finances, and having access to records, etc. To no surprise, at the age of 18 or even early 20’s a college student may still want or need their parents or guardian to be by their side when they get sick, but legally, any decisions for medical care is theirs alone. For example, if the student were involved in a bad car accident that rendered them unconscious, a parent may find themselves having to jump over some hurdles (including the need to go to court) to have medical information released or even authorize medical care if there are certain documents in place. Here are three important documents that you, your college student, and a local estate planning attorney should take care of before the college student embarks on their new journey:

1. Health Care Power of Attorney (“HCPOA”)

A HCPOA allowed for the student to designate you to make medical decisions on their behalf. The HCPOA should be fully comprehensive and include more than just certain life ending decisions. Typically, a HCPOA also includes a general HIPPA release and waiver, but this type of waiver is oftentimes found as a standalone document.

2. HIPPA Authorization

HIPPA refers to the Health Insurance Portability and Accountability Act that was designed to protect a patient’s privacy. This means that medical records or information cannot be released without the patient’s consent. You and your college student should consider having them sign a fully and legally compliant HIPPA waiver and authorization.

3. Durable Power of Attorney (“DPOA”)

A DPOA, also known as a financial power of attorney, allows for the student to designate you to handle and manage their legal and financial matters on their behalf. You would be able to manage all of their affairs to ensure that their affairs are properly handled during a time when they can’t. Ideally, your family would never have to rely on these documents. However, unfortunate events occur daily and the same way there’s insurance on a car that your new college student may be parking on campus, you should view the above documents as another form of insurance that’s in effect and ready to use when needed. Take your college student to speak with an estate planning attorney today in preparation for their next chapter in life.