As your child prepares to embark on the exciting journey of college life, there are numerous tasks to handle—packing, arranging accommodations, registering for classes, and more. Amidst all the excitement, one crucial aspect often gets overlooked: legal preparedness. Ensuring your young adult has the right legal documents in place can save a lot of trouble and provide peace of mind.
Here’s a comprehensive legal checklist every parent should complete before sending their young adult off to college.
Last Will & Testament
A Last Will and Testament outlines how your child would like their possessions distributed upon their passing. It also details your child’s wishes regarding medical treatment and life support if they are unable to communicate their decisions.
- Why It’s Important: A Last Will and Testament is a vital document that ensures your child’s final wishes are respected and provides a clear plan for managing their affairs.
Durable Power of Attorney
A Durable Power of Attorney grants a designated individual the authority to manage your child’s financial and legal affairs if they become unable to do so themselves.
- Why It’s Important: If your child is in an accident or becomes seriously ill, someone needs the authority to handle their bank accounts, pay bills, and manage other financial matters.
HIPAA Authorization
The Health Insurance Portability and Accountability Act (HIPAA) protects your child’s private health information. A HIPAA Authorization form allows your child to specify who can access their medical records.
- Why It’s Important: Having a HIPAA authorization is important because it allows designated individuals, such as family members or healthcare agents, access to your young adult’s medical information. It also allows medical professionals to communicate with family members in an emergency if your child is unable to communicate.
Healthcare Directive
A Health Care Directive allows your child to designate someone they trust to make medical decisions on their behalf if they’re unable to do so. Once they turn 18, you no longer have the automatic right to access their medical information or make decisions without this document.
- Why It’s Important: In case of an emergency where your child is incapacitated, having a Health Care Directive ensures that someone can make critical healthcare decisions on their behalf.
FERPA Release
The Family Educational Rights and Privacy Act (FERPA) protects the privacy of your child’s educational records. A FERPA Release allows you to access your child’s academic records.
- Why It’s Important: Without a FERPA Release, you won’t be able to access your child’s grades, enrollment status, or other important academic records. This can make it difficult for parents to advocate for their children academically if they don’t have the proper information.
Emergency Contact Information
Ensure that the college has up-to-date emergency contact information. This should include the designated Health Care Power of Attorney and any other individuals who should be notified in case of an emergency.
- Why It’s Important: Quick and effective communication can be critical in emergency situations, ensuring that you’re promptly informed and can take necessary actions.
Final Thoughts
Taking the time to complete this legal checklist before sending your young adult off to college can provide you and your family with peace of mind, knowing that they are prepared for any unforeseen circumstances. While it might seem overwhelming, these steps are crucial in ensuring their health, financial, and personal preferences are respected and followed.
As parents, it’s essential to consult with a legal professional to ensure all documents are properly executed and tailored to your child’s specific needs. Ensuring your young adult is legally prepared allows you to focus on supporting them through this new chapter of their life, confident that they are protected and ready for any challenges that come their way. Discuss the importance of a Young Adult Emergency Plan® with your child, whether they are already 18 or soon to be, so you can put the proper legal planning in place quickly. Should you want any assistance, we are happy to help.
Safe travels and best of luck to your young adult in their college journey!
