Before They Go: Two Essential Legal Documents Every Parent Should Consider Before Their Child Heads Off to College

Morris James LLP
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Once your child turns 18, parents no longer have automatic authority to make legal, financial or medical decisions on their child's behalf – even in an emergency. It can be challenging to assist or support your college student in times of need without these two essential legal documents in place: 

Durable Power of Attorney (POA)

A Durable Power of Attorney allows your child to appoint you (or another trusted adult) as their legal agent, authorizing the agent to manage financial and legal matters on their behalf. The grants of authority can include:

  • Accessing bank accounts
  • Paying bills
  • Managing student loan paperwork
  • Signing a lease or legal documents

This becomes especially important if your child is studying out of state or internationally and needs someone they trust to act quickly in their absence.

Advance Healthcare Directive (AHCD)

An Advance Healthcare Directive enables your child to appoint you (or another trusted adult) to make medical decisions on their behalf if they are unable to do so. This document includes a HIPAA release, which provides the appointed agent access to their medical records.

Even in the event of a serious injury or emergency, medical providers are legally limited from sharing medical information with you about your child or engaging you in decision-making. 

Imagine this: Your 18-year-old is injured in a sporting event or car accident while away at college or traveling abroad. Without an AHCD in place, you could be left completely in the dark, unable to make decisions or even speak with doctors.

Why Now?

Graduation marks a shift from dependence to independence, legally, financially, and medically. These planning tools aren't just for emergencies; they're a smart way to support your child while also protecting your role as a parent.

Many families we work with at Morris James find that having these documents in place gives them peace of mind and opens the door for meaningful conversations about responsibility and adulthood. 

Let's Plan Ahead, Together.

If you're a parent of a graduating senior, this is the moment to act.  Let us help you prepare your child for the real world, not just academically, but legally and financially, too. 

Once your child turns 18, you no longer have automatic rights to make decisions on your child's behalf or be involved in medical decisions, even in an emergency. The transition to college and adulthood can be challenging and having parental support and involvement is critical. That's why we encourage all parents of college-bound students to strongly consider putting two essential legal documents in place for peace of mind.

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