Sending your child off to college is a bittersweet milestone. You've likely spent weeks preparing everything from dorm essentials to heartfelt goodbyes. But amidst the excitement and nerves, have you thought about how to protect your child legally and financially now that they're an adult?
While a new dorm bedspread is nice, taking steps to ensure your child is safe and secure in emergencies is even better. One essential preparation you may not have considered is visiting an estate planning attorney to set up basic legal documents for your new college student.
Why Estate Planning Matters for College Students
When your child turns 18, they gain legal independence. While they may still rely on you for guidance, decisions about their medical care, finances, and other critical matters are legally theirs. Without proper planning, you could face unnecessary delays or legal hurdles in an emergency.
For instance:
- If your child were in a serious accident and became unconscious, you couldn't access their medical records or make decisions on their behalf without court intervention.
- Even in non-emergency situations, privacy laws like FERPA and HIPAA could prevent you from staying informed about your child's academic or medical matters.
To avoid these scenarios, experienced estate planning attorneys recommend a basic estate plan for everyone over 18.
Essential Estate Planning Documents for College Students
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FERPA Release
The Family Educational Rights and Privacy Act (FERPA) protects your child's academic records. Without a signed FERPA release, colleges cannot share your child's grades, attendance, or disciplinary records—even in emergencies. A FERPA release allows school officials to keep you informed. -
HIPAA Authorization
The Health Insurance Portability and Accountability Act (HIPAA) protects medical privacy. A HIPAA authorization form lets doctors discuss your child's medical condition and care with you if needed. -
Durable Financial Power of Attorney
This document allows you to manage your child's financial affairs, like handling their bank accounts, paying bills, or dealing with financial aid issues if they are unable to do so themselves. -
Medical Power of Attorney
A medical power of attorney gives you—or another trusted individual—the authority to make medical decisions for your child if they cannot. -
Advance Directive or Living Will
This document outlines your child's wishes for end-of-life care, helping medical decision-makers act in alignment with their preferences. -
Last Will and Testament
Even college students often have assets to consider, such as personal belongings, bank accounts, or valuable digital property. A will allows your child to designate how these assets should be managed. For example:- Social media accounts: Should they be deleted or memorialized?
- Gaming or app accounts: Should someone inherit these?
- Email accounts: Who should have access?
Why Act Now?
Emergencies are unpredictable, and the legal challenges of accessing your child's information can add unnecessary stress during a critical time. By setting up these documents before your child heads off to college, you can gain peace of mind knowing they're protected.
Protect Your College Student and Your Family
At this exciting yet nerve-wracking time, ensuring your child is legally prepared for adulthood is one of the best gifts you can give them.
📞 Contact us today to schedule a consultation. Let us help you create a personalized estate plan that safeguards your college-bound child and gives your family peace of mind.
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