Do I need a Durable Power of Attorney for my college student? Do college students need to designate a health care agent or health care proxy? What about a HIPAA form for college students? Gathering the right documents is a crucial part of getting kids ready for school. What legal documents are needed at age 18?
By James L. Cunningham, Jr., Esq.
When our children are young, their health and well-being are our primary focus. We are responsible for virtually all of their choices – from what they wear to what medical decisions are made on their behalf. As they get older, our sphere of influence grows smaller until suddenly they turn 18 and are off to college!
As the new school year is about to start and your college student is heading out for a brand new adventure, there are a few documents to have them sign that will help you keep them safe as they venture into adulthood. Contact our team now for expert advice and planning on getting your kids’ documents in order!
They’re Not Just for Older People: Why You Need Estate Planning Documents for College Students
Normally when we think of Estate Planning documents, we think of adults or aging individuals as the ones who need them. But a Power of Attorney and Healthcare Proxies are not just for older adults, they are essential for your college student too.
Once your child turns eighteen, regardless of whether you are calling your child every week, paying their tuition, or paying for their health insurance, without these documents in place you are no longer able to receive information on their health or mental status, make healthcare decisions, or manage their finances for them.
This means in the event of an emergency if you receive a phone call in the middle of the night that your teenager has been in an accident, you may not be able to receive information on what happened. You may even have to go to court to receive approval to make medical decisions on his or her behalf.
Documents Your College Student Should Have: A Checklist
For starters, you and your teen should read this helpful document from the California Lawyer’s Association:
“What Happens When You Turn 18. A Legal Survival Guide”
Before your teenager begins their college year, here are the documents you need to have signed and in place:
Uniform Statutory Form for Durable Power of Attorney – This document allows parents to access the teenager’s financial accounts and sign documents on their behalf.
Advance Health Care Directive – This legal document will lay out the kind of care your teenager wants to receive, including any life-saving treatments or whether they wish to be an organ donor. It also designates a healthcare agent or “proxy” with power of attorney for healthcare to make decisions for them in case of incapacity.
HIPAA Authorization Form – Without this form, regardless of whether you are providing financial support or still claiming your teenager as a dependent on your tax returns, legally you will not be privy to medical information from healthcare providers.
California Statutory Will – A basic last will and testament: even an 18-year-old needs one!
While this may not be something you want to think about, the reality is, accidents happen and your teenager is better off being prepared now than after an emergency occurs. Doing due diligence and looking after the safety of our beloved children doesn’t end because they are going off to school. Having these forms in place is just another necessary way to support them as they grow up.
What Do We Do as California Estate Planning Attorney Specialists?
The lawyers and staff at CunninghamLegal help people plan for some of the most difficult times in their lives; then we guide them when those times come.
Make an appointment to meet with CunninghamLegal for California Estate Planning, Trust Administration or any of our expert services. We have offices throughout California, and we offer in-person, phone, and Zoom appointments. Just call (866) 988-3956 or book an appointment online.
Please also consider joining one of our free online Estate Planning Webinars.
We look forward to working with you!
Best, Jim
James Cunningham Jr., Esq.
Founder, CunninghamLegal
At CunninghamLegal, we guide savvy, caring families in the protection and transfer of multi-generational wealth.
