There is so much excitement when your child goes off to college. There are new places to see, a new place to live, new friends to meet, and lots of new adventures. However, there are some other (less exciting) things that should also be considered as well…maybe even more important than some of the other fun things you are thinking about.
There is one key question that every parent of a child going off to college should be asking their estate planning attorney. There is a simple answer, according to the article “Liza Horvath, Senior Advocate: Off to College,” from Monterey Herald.
As your son or daughter goes off to a world of dorm living, classes, and increased independence, many are on their own for the first time. If they are 18 years or older, they are considered legal adults. Here’s the issue…if they become sick or injured while away, the rules of HIPAA (Health Insurance Portability and Accountability Act) prohibit anyone from speaking with a doctor, gaining access to medical records or being informed of their status–even their own parents! This is usually a shock to most parents and the children don’t have a clue this is an issue.
If your college admissions package did not include an Advance Health Care Directive and a HIPAA release form giving you permission to speak on behalf of your student, talk to your doctors about being a part of any medical decisions. Your estate planning attorney will be able to draft those documents for you. This should be done immediately…as soon as you realize you don’t have them is a good time.
Make sure your college-bound student also has a list of who they should contact in an emergency, including cell, home, work numbers, and email addresses. This list should also include their primary treating physician and a history of their immunizations, chronic conditions, medications and other relevant medical issues.
Since they will have a cell phone glued to their hands while away, their phone (or the cloud) is a great place to store this information for easy access. However, if their phone is stolen or lost, they won’t have access to this information when needed. A great backup plan is to write it down on paper and keep a hard copy at home and on their computer so it can be easily sent if necessary.
Another major legal area you should make sure is handled before they leave is having a Power of Attorney for finances. With a Power of Attorney for financial issues and a directive to the college, your child’s financial information can be released to you. This allows you to see their academic records and act on behalf of your child on any legal matters.
And even if your kids aren’t still in college but just starting out, it is an excellent idea to have these documents in place with them as well. This is especially important if they are living away from home and in another city or state. Being able to help your children, without being present, could be a matter of life or death in some situations.
Once you have the proper documents in place, you and your college-bound child student can focus on their new lives at college! Add these to your checklist of items you need to take care of on your college planning list. They may end up being some of the most important things you can do for your college bound child.