It's that time of year to get back into the school night routine of enforcing bedtimes, grocery shopping for the kids' favorite snacks, and having the next day's outfit picked out. While we are getting our minor children prepared for another school year, we must also remember many of our adult children are headed back to school as well! After all, the back-to-school hype is not just for young kids, many of our adult children are going off to college (and many for their first time), too!
Our adult children tend to be very excited to be out “on their own” for the first time, but this significant life event is something that should not be taken lightly. This is their first taste of adulthood! It is now their time to make decisions regarding their care, finances, and other “adult” things on their own, but what would happen if something happened, and they could no longer make these decisions themselves?
The Legal “What Ifs” of College Life
Don’t get caught in the web of legal intricacies surrounding the myriads of “what ifs” when your adult child is miles away for semesters at a time. Did you know that even though you are a parent, the school, financial institutions (like the Financial Aid Office), and healthcare professionals are not legally allowed to disclose information regarding your child since they are now an adult?
Unfortunately, we have seen scenarios arise where a parent needs to access something or decide on care to be provided on behalf of their child due to their incapacity. If this happens without the proper planning in place, this may force you into guardianship court.
It’s a call that every parent dreads to get: the call informing you that your child is in the hospital. When you sent your child off to college the last thing on your mind was having the legal documents in place to help you through this scenario you did not think would occur, so now you are not able to access information regarding their health, make decisions regarding their care, and now you are left in the dark until you hire a guardianship attorney to be appointed by a judge to be the legal guardian of your own child.
Understanding the Limits of Parental Access
The scenario above is just one example of where your access to information regarding your adult child is restricted. The following areas pertaining to your child are heavily restricted without essential estate planning documents, such as a statutory durable power of attorney or medical power of attorney:
Healthcare: Privacy laws (such as HIPAA), prevent healthcare providers from sharing medical information, even to parents.
Education: FERPA Laws restrict access to academic records without the student’s consent – even if you are the one paying for their education!
Finances: Financial institutions may not allow parents to manage their children’s accounts or access other pertinent financial information without the child’s previous consent (or power of attorney being on file).
Estate planning is an important aspect to consider, not just for older adults, but for young adults, too! Here are the key estate planning documents any adult over the age of 18 should have:
Medical Power of Attorney: This document allows for a trusted individual (such as a parent) to be named as an “agent” to make medical decisions on behalf of the individual that is unable to make them themselves.
Statutory Durable Power of Attorney: This grants the ability to handle financial and legal matters on behalf of the person who is incapacitated to a trusted person (such as a parent).
HIPAA Release: This gives authorization to the named individuals to access the medical records of someone who is incapacitated. This is primarily to help the agent named in the Medical Power of Attorney to make informed decisions regarding the person’s healthcare based on their previous conditions and records.
Prepare for the School Year Ahead
Having these important documents in place will not only provide legal protections for young adults, but it will also provide the ultimate peace of mind for the parents who may already be stressed about leaving their child in uncharted territory as a new adult.
Estate planning is a crucial step in caring for an adult child, especially during a major life transition such as going to college. Our team at Your Legacy Legal Care understands the importance of ensuring you protect your loved ones, even if they are miles away. Reach out today to learn more about how we can help you and your adult children make their college years less burdensome by having the right protections in place. Call us today at (281) 218-0880 or schedule online here.
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