Your child is legally an adult the day they turn 18. And if you’re dropping them off at college this fall, you might not realize that your role in their life just changed in ways that could matter a lot – especially in a crisis.
One Georgia mom, Michelle, had an18-year-old son that was covered under the family’s health insurance. She assumed that his designation as a dependent on her health insurance protected her as having “default” power of attorney in an emergency situation. Michelle was shocked when she discovered that, if her child was injured and unconscious, it would be illegal for her to speak to a doctor or even get an update on his condition.
It’s a scenario that terrifies any parent. The good news? There’s a simple solution that takes just a few signed forms. Unfortunately, it’s one too many families overlook.
Turning 18: The Legal Cutoff Most Parents Don’t See Coming
Even though they’ll always be your baby, the law says they’re officially a legal adult the moment they turn 18. That means you no longer have automatic access to their medical records or academic records. That also means that you cannot make healthcare or financial decisions on their behalf – even in an emergency.
It doesn’t matter if you’re still paying their bills, covering their insurance, or visiting them every weekend. Without the proper legal documents, doctors, hospitals, and universities are legally barred from sharing information with you.
This isn’t about bureaucracy, it’s about liability. Federal laws like HIPAA (Health Insurance Portability and Accountability Act) and FERPA (Family Educational Rights and Privacy Act) protect adult privacy, including your teenage college student.
That’s why a little paperwork now could spare you immense stress and legal red tape later.
What You Need: Power of Attorney and Two Key Releases
Here’s how to make sure you’re legally empowered to help your child when it matters most:
1. Health Care Power of Attorney (Medical POA)
This is the form that will give you the right to make medical decisions if your child is incapacitated. This is the document that will allow you to act on their behalf in emergencies.
2. Durable Financial Power of Attorney
This form will allow you to step in to manage financial or legal matters. It would include everything from paying bills to dealing with banks or landlords if your child is unable to.
3. HIPAA Release
This form will authorize healthcare providers to share your child’s medical information with you. Without it, even getting a diagnosis over the phone could be impossible.
4. FERPA Release
Colleges cannot disclose grades, class schedules, or even enrollment status to parents without this release. Having one in place is especially important for parents who are footing the tuition bill. Without it, you may not have access to financial aid records, tuition bills, or other required financial information.
All of these forms should be signed by your child in front of a notary to ensure they’re legally binding and recognized. Banks usually offer a notary service free of charge to account holders.
An Awkward, but Important Conversation
Every parent-child relationship is different, and some parents may be uncomfortable discussing such heavy topics with their children before they leave home. But, as long as they are used for their intended purpose, having these documents in place is a gift of security for both of you. It’s like an insurance policy: you hope you’ll never need it, but you’ll be thankful it’s there if you do.
Keep in mind though, the discussion needs to be just that. Explain the reasons why these documents are important, and then listen to your child’s opinions. If they have any privacy concerns, that’s completely normal and valid. Reassure them, and make compromises if necessary.
Many families complete these forms during the summer before freshman year. Some colleges even provide FERPA release forms during orientation, but don’t rely on that. Be proactive and take care of this at home, ideally with legal guidance or a notary’s help.
Don’t Let a Signature Stand Between You and Helping Your Child
Emergencies happen. Accidents don’t wait for you to find a lawyer or dig through legal red tape. With the right paperwork in place, you won’t be left on the outside looking in.
Make it part of your college send-off checklist, right alongside dorm shopping and packing up the car.
