Three Legal Documents Every Florida Family Should Have Before a Child Leaves for College

By: Mary Saunders, Esquire

Graduation season is an exciting time for families. As students prepare to leave for college, many Florida parents are focused on tuition, housing, meal plans, class schedules, and move-in dates.

What many families do not realize is that when a child turns 18, parents generally lose the automatic legal right to access medical information, make healthcare decisions, manage certain financial matters, or obtain educational records.

Even if you are paying tuition, covering health insurance premiums, or providing financial support, your legal authority may be limited once your child becomes a legal adult.

Fortunately, a few simple legal documents can help ensure that parents and other trusted individuals can assist a young adult when needed. Before your child heads off to college or begins the next chapter of life, it is worth considering whether these important legal documents are in place.

An Often Overlooked Part of College Planning

Many people associate estate planning with retirees or individuals who have accumulated significant assets. In reality, certain estate planning documents can be just as important for college students and young adults.

Consider this scenario: your child is attending college several hours away from home and is unexpectedly hospitalized following an accident. You receive a call from a roommate or friend and immediately contact the hospital. Because your child is legally an adult, healthcare providers may be unable to discuss your child’s condition or treatment without proper authorization.

Situations like this are uncommon, but they illustrate why legal documents for college students deserve attention before move-in day. Young adults face the same unexpected illnesses, accidents, and emergencies as anyone else. Having the proper documents in place can help reduce confusion, delays, and stress during an already difficult situation.

HIPAA Authorization

One of the biggest surprises for many parents is learning that healthcare providers may be prohibited from sharing medical information about their child once they turn 18.

The federal Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of a patient’s medical information. As a result, doctors, hospitals, and other healthcare providers often cannot discuss a patient’s condition with parents without proper authorization. A HIPAA Authorization allows a young adult to designate individuals who may receive medical information and communicate with healthcare providers on their behalf.

This document can be particularly important if a student is attending college away from home, studying abroad, or living independently. If an emergency occurs, parents may otherwise find themselves unable to obtain information about their child’s condition, treatment plan, or recovery. While a HIPAA Authorization does not allow parents to make medical decisions, it does provide access to important information that may be needed during a medical crisis.

Health Care Surrogate Designation

A Health Care Surrogate Designation allows a young adult to appoint someone they trust to make healthcare decisions if they become unable to communicate those decisions themselves.

For many young adults, that person is a parent. Others may choose another trusted family member or advisor. If a young adult becomes unconscious or incapacitated due to an accident, illness, or medical emergency, healthcare providers may look to the designated surrogate to make decisions regarding treatment and care.

Without a Health Care Surrogate Designation, healthcare providers must follow the decision-making process established by state law, which can create delays and additional challenges for family members trying to participate in important medical decisions. For college students who may be living hundreds or even thousands of miles from home, having this document in place can provide clarity and direction during a stressful situation.

Durable Power of Attorney

A Durable Power of Attorney is one of the most valuable legal documents for college students and young adults.

This document allows a person to appoint a trusted individual to handle certain financial and legal matters on their behalf. The authority granted can be broad or limited depending on the individual’s needs and preferences. For college students and young adults, a Durable Power of Attorney may allow a parent or trusted family member to assist with:

• Banking transactions;
• Accessing financial accounts;
• Managing insurance matters;
• Signing documents when authorized;
• Handling housing or lease-related issues;
• Communicating with financial institutions; and,
• Addressing certain legal or contractual matters.

If a student becomes seriously ill or injured, even routine financial matters can become difficult to manage. A Durable Power of Attorney can help ensure that someone is authorized to assist when needed. Without one, family members may have to pursue more complicated legal avenues to obtain authority to act on the student’s behalf.

Don’t Overlook Educational Records

Parents are often surprised to learn that turning 18 also affects access to educational records. Under the federal Family Educational Rights and Privacy Act (FERPA), colleges and universities generally cannot disclose certain student records without the student’s consent. This may include information related to:

• Academic performance;
• Class schedules;
• Disciplinary matters;
• Financial aid records; and,
• Tuition and billing information.

Many colleges and universities provide forms that allow students to authorize the release of information to parents or other designated individuals. Families should review these options before move-in day and discuss what level of access makes sense for their circumstances.

When Should These Documents Be Prepared?

Ideally, these documents should be completed soon after a child turns 18. Many families address them during the summer before college begins. Young professionals, military service members, graduate students, and other adults can also benefit from having these documents in place. The process is generally straightforward and can often be completed in a single meeting with an attorney.

A Small Step That Can Make a Big Difference

Sending a child into adulthood is a proud moment for any family. Taking a few proactive legal steps can help ensure that parents and trusted loved ones are able to provide support when it matters most.

A HIPAA Authorization, Health Care Surrogate Designation, and Durable Power of Attorney are often among the most important legal documents for college students. Together, they can help families navigate unexpected situations while respecting a young adult’s independence and legal rights.

As your child prepares for the next chapter of life, now may be an ideal time to review these important documents. Taking a few proactive steps today can provide clarity, peace of mind, and support should an unexpected situation arise.

An experienced Florida estate planning attorney can help determine which documents are appropriate for your family’s circumstances and ensure they are properly prepared before your student leaves home.

Families needing assistance in this regard may reach me at mary.saunders@henlaw.com to schedule a consultation.