The College Parent’s Legal Checklist: Four Documents to Protect Your Student

As a parent of a college-bound student, this time of year is full of emotions and planning challenges. You helped your child finalize class schedules, shopped for dorm supplies, and confirmed move-in details. But have you taken the proper steps to ensure their health and financial future is protected as they go off to college? In many states, once a child turns 18 or 19 years old, parents no longer have access to their children’s medical information or the legal authority to act on their behalf in emergencies.

To ensure you’re prepared to help your college student in the event of a crisis, consider implementing four estate planning documents before they head to campus.

Healthcare Power of Attorney

In Iowa, your child is legally considered an adult upon turning 18, while in Nebraska, the age is 19. At that point, as a parent or legal guardian, you cannot make medical decisions on their behalf unless they have previously authorized you to do so. A Healthcare Power of Attorney provides you with the legal right to step in if your child becomes incapacitated or unable to make informed healthcare decisions on their own. Without it, medical providers may be legally restricted from discussing your child’s care or acting on their behalf.

Durable Power of Attorney

Like a Healthcare Power of Attorney, a Durable Power of Attorney enables you to assist with financial and legal matters if your child becomes incapacitated. If this document isn’t in place, you may face unexpected legal hurdles to help your child with everyday issues like managing bank accounts, paying bills, or signing important documents.

HIPAA Authorization

The Health Insurance Portability and Accountability Act (HIPAA) protects your child’s private medical information. A HIPAA Authorization allows your child to name individuals, such as parents or guardians, who can receive access to their medical or health information for purposes not generally covered by HIPAA, such as insurance. Whether filling prescriptions, managing chronic conditions, or navigating the campus healthcare system, this document helps you offer support when needed.

Living Will

A Living Will, or Advance Directive, allows your child to specify their wishes for end-of-life care. This document includes instructions on the use of life-sustaining measures (i.e., artificial nutrition or ventilators) for patients who are in a permanent vegetative state or unable to communicate. A Living Will empowers your child to make their own medical choices and eases the burden during difficult times.

These four documents provide your college-bound child with the independence they want, the safety net they need, and the peace of mind you deserve, knowing you can step in and support them in both routine and unexpected circumstances.

Ready to Get Started?

At Fraser Stryker, our estate planning attorneys can help you quickly and efficiently put the proper legal documents in place for your family, ensuring these items are tailored to your child’s needs. Contact our Estate Planning team today to learn more about how we can assist you.