As you prepare to send your son or daughter off to college, your checklist likely includes dorm essentials, textbooks, and class schedules. But there’s a crucial, often overlooked, item that should be at the top of every parent’s list: estate planning documents for your 18-year-old.

It might sound strange to talk about “estate planning” for a young adult just starting their independent life, but the reality is, once your child turns 18, they are legally considered an adult. This seemingly simple fact has significant implications for your ability to help them in an emergency.

Here are the essential reasons why these documents are not just a good idea, but a necessity:

1. The 18th Birthday Wall: Loss of Parental Authority

This is the most critical reason. As soon as your child blows out those 18 candles, the law changes. You, as a parent, no longer have automatic legal authority to:

* Access their medical information: Due to HIPAA (Health Insurance Portability and Accountability Act) laws, doctors and hospitals cannot share medical information with you without your child’s consent. This means if your child is in an accident or falls ill, you could be left in the dark about their condition and treatment.

* Make medical decisions: If your child is incapacitated and unable to make decisions for themselves, you cannot legally consent to their treatment or make choices about their care without proper documentation.

* Manage their finances: You lose the automatic right to access their bank accounts, pay their bills, or handle any financial matters on their behalf. This can be a nightmare if they’re away at school and need help with tuition, rent, or other expenses due to an unforeseen circumstance.

* Access academic records: FERPA (Family Educational Rights and Privacy Act) dictates that once a student turns 18 or attends a post-secondary institution, their educational records are private.

2. Peace of Mind for Parents (and Your College Student!) 

Let’s face it, emergencies happen. Whether it’s a sudden illness, an accident, or an unexpected crisis, knowing that you have the legal ability to step in and help your child provides immense peace of mind. Without these documents, you might find yourself in the frustrating and costly position of having to petition a court to gain guardianship – a process that takes time, money, and is incredibly stressful during an already difficult situation.

For your college student, having these documents in place empowers them. It’s a responsible step into adulthood, demonstrating their foresight and allowing them to designate who they trust to make decisions on their behalf if they can’t.

3. Key Documents Every 18-Year-Old Needs: 

While a full estate plan might include many documents, for an 18-year-old heading off to college, the focus should be on these three crucial pieces:

* Durable Power of Attorney (DPOA): This document allows your child to appoint someone (usually a parent) to manage their financial affairs if they become incapacitated or simply unable to do so. This can include everything from accessing bank accounts to paying bills, handling student loans, or even signing a lease.

* Medical Power of Attorney (MPOA) / Healthcare Directive: This document empowers your designated agent (again, often a parent) to make medical decisions on your child’s behalf if they are unable to communicate their wishes. It can also include a Living Will, which outlines their preferences for end-of-life care.

* HIPAA Authorization (or Release): This form grants healthcare providers permission to share your child’s medical information with designated individuals. Even if you have a Medical Power of Attorney, a separate HIPAA authorization ensures open communication with doctors and nurses

4. Beyond the Emergency: Practical Benefits 

Even in non-emergency situations, these documents can be incredibly helpful. Imagine your child is studying abroad and needs a document signed, or perhaps they’ve lost their debit card and need help accessing funds. A Durable Power of Attorney can allow you to assist without them needing to return home or navigate complex processes from afar.

5. It’s a Rite of Passage into Responsible Adulthood 

Discussing estate planning with your 18-year-old might seem like a heavy conversation, but it’s an important one. It’s an opportunity to teach them about responsibility, planning for the unexpected, and making informed decisions about their future. It’s “legal adulting 101” and sets a solid foundation for their independence.

As you pack up the car and wave goodbye, make sure you’ve also taken the essential step of protecting your college-bound son or daughter – and your ability to help them – with these vital estate planning documents. It’s a small investment of time and resources that can prevent significant headaches and heartache down the road.

Contact our office today and ask to speak with Darryl Pratt, Attorney and CPA at PRATT LAW GROUP, PLLC, to discuss your student’s estate planning needs. Schedule a call or Zoom meeting by calling (888) 517-4575 or (972) 712-1515