As your child prepares to enter college, you may be wondering what legal documents you should create to protect their interests and yours. While it may seem like a hassle, creating some basic legal documents can help you avoid potential problems and ensure that you can make important decisions for your child in case of an emergency. Once your child turns 18 years old the child is an adult and you no longer have any rights to make decisions for your child or access their information. Here are some of the legal documents you should consider creating for your child entering college.
1. Health Care Proxy. This document allows you to appoint someone to make health care decisions for your child if they are unable to do so themselves. For example, if your child is in an accident and becomes unconscious, you can use this document to authorize medical treatment, access their medical records, and communicate with their doctors. Without this document, you may face legal barriers or delays in getting the information and care your child needs.
2. Power of Attorney. This document allows you to appoint someone to manage your child’s financial affairs. It can have language that delays the effectiveness of the power of attorney until a child is unable to do so themselve. For example, if your child is studying abroad and needs you to pay their bills, deposit their checks, or file their taxes, you can use this document to act on their behalf. Without this document, you may not be able to access or control your child’s finances.
3. FERPA Release Form. This document allows you to access your child’s educational records, such as grades, transcripts, and disciplinary actions. The Family Educational Rights and Privacy Act (FERPA) protects the privacy of students’ educational records and requires their consent before disclosing them to anyone, including parents. By signing a FERPA release form, your child can authorize you to receive information from their school and communicate with their professors and advisors.
4. HIPAA Release Form. This document allows you to access your child’s health information, such as diagnoses, prescriptions, and test results. The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of patients’ health information and requires their consent before disclosing it to anyone, including parents. By signing a HIPAA release form, your child can authorize you to receive information from their health care providers and insurance company.
Creating these legal documents for your child entering college can give you peace of mind and help you deal with any unexpected situations that may arise. You can find templates and instructions for these documents online or consult with a lawyer for more guidance. Make sure that you and your child sign the documents in front of a notary public or a witness and keep copies in a safe place.
