Before Your Child Leaves for College: Essential Estate Planning Documents

If your child is heading to college this fall, there is one important reality many families overlook: they are legally an adult at age 18. When a child reaches this milestone, you can no longer automatically make medical or financial decisions for them, or access important information.

In an emergency, this lack of authority can create delays, confusion and added stress. Fortunately, these limitations can be addressed with a few key estate planning documents.

The Legal Transition to Adulthood

Before your child turns 18, you generally have broad authority to make medical and financial decisions on their behalf, as the parent or guardian. Once they become an adult, that authority ends.

Health care providers, schools and financial institutions are required to communicate directly with your child—not with you. This barrier can create serious challenges if your child is injured, ill or otherwise unable to act on their own behalf.

Three Key Documents Your Child Should Have in Place

1. Durable Power of Attorney for Property

A Durable Power of Attorney for Property allows your child to appoint an agent (often a parent) to manage financial matters if they are unable to do so. This avoids the need for a court-appointed guardian, which can be costly and time consuming.

This document is flexible and can be modified to meet your child’s specific needs. A Durable Power of Attorney for Property typically allows the agent to pay bills, manage bank accounts, address tuition or student loan issues, file tax returns and communicate with banks and insurance companies.

If your child is temporarily unable to manage their financial affairs, this document allows you to step in immediately, without needing court approval.

2. Health Care Power of Attorney

A Health Care Power of Attorney allows your child to name an agent (often a parent) to make medical decisions if they cannot be made independently due to illness, injury or other medical events.

Once your child is a legal adult, health care providers can no longer rely on you for decision-making authority. State law varies regarding who can make health care decisions for an adult who lacks decision-making capacity, if they have not designated someone to act on their behalf. However, having this document in place allows an agent to step in and make medical decisions in the event of an emergency, preventing confusion or delays for critical medical treatment and bypassing the need for a court-appointed guardianship.

3. Authorization for Disclosure of Health Information

Federal privacy laws (e.g., Health Insurance Portability and Accountability Act [HIPAA]) often prevent health care providers and hospitals from sharing your child’s information with you once they are 18 years old, unless an Authorization for Disclosure of Health Information is in place. With an authorization (also called a waiver), your child can designate specific individuals with whom providers may share their medical information.

This document allows you to stay informed in the event of an emergency, including where your child is receiving treatment, your child’s prognosis and their plan of care.

Planning Ahead Brings Peace of Mind

Planning ahead by executing these estate planning documents provides reassurance for you and your child, ensuring you can step in to assist during an emergency. Because college students often live away from home, travel frequently, participate in sports and rely on parental support, these documents will help you be prepared to act when needed, while still protecting your child’s independence.

These three documents are simple to implement, can make a significant difference in an emergency and help avoid court involvement, delays and unnecessary stress.

With many students heading to campus this August, now is an ideal time to make sure these estate planning documents are in place. If you have questions or would like assistance preparing these documents for your child, please contact your Reinhart attorney or a member of Reinhart’s Trusts and Estates Practice.