Partnership Chair
Heading off to college is an exciting milestone. For many families, it is also the first time a child will be living independently as an adult. Once a student turns 18, parents no longer have automatic authority to make medical or financial decisions on their behalf. That can create real challenges if an emergency arises. Preparing a simple legal toolkit before move-in day helps protect both the student and the family.
Why Powers of Attorney Matter After Age 18
In North Carolina, turning 18 changes the legal relationship between parents and children. Even if a student is still financially dependent, the law considers them an adult. That means doctors, banks, and schools cannot automatically share information with parents without the proper legal authorization. A signed power of attorney ensures that if an adult child becomes incapacitated, trusted family members can step in to manage their affairs.
Two common types of powers of attorney are especially helpful for college students:
- Health Care Power of Attorney: Allows the student to designate someone, usually a parent or guardian, to make medical and care decisions if they are unable to do so.
- Durable (Financial) Power of Attorney: Authorizes a parent or other trusted adult to handle financial matters such as banking, tuition payments, car payments, or housing payments if the student is incapacitated.
These documents can be drafted in a way that does not limit the student’s independence, but they create a safety net in case of illness, injury, or an unexpected crisis.
HIPAA Authorization
Health privacy laws (HIPAA) prevent hospitals and doctors from sharing medical information without patient consent. Even if a parent is paying the bills, they may not be able to access information about their child’s condition. A HIPAA authorization form allows health providers to release medical details to the designated individual. A HIPAA authorization will also be valid at any medical provider’s office, regardless of location. Having this document on file avoids delays in emergencies.
FERPA Release for Education Records
Colleges must comply with federal privacy rules under FERPA. Once a student is 18, their grades, transcripts, and disciplinary records are private. Parents cannot access them without the student’s written consent. A signed FERPA release gives parents the ability to speak directly with the school about academic or housing matters, which can be helpful if problems arise.
Advance Directive for a Natural Death (Living Will)
Although college students are typically young and healthy, it can still be wise to create an advance directive for a natural death (more commonly known as a living will). This document explains the student’s wishes about life-sustaining treatment in case of a serious medical emergency. While difficult to discuss, it ensures that loved ones have clear guidance if the unexpected occurs.
Other Helpful Documents
Beyond powers of attorney and privacy releases, families may want to consider:
- Basic Will: If a student has significant assets, such as a vehicle or savings account, a simple will clarifies how those assets should be handled.
- Insurance Review: Checking health, renters, and auto insurance coverage before a student moves to campus can prevent financial surprises.
- Emergency Contact Card: A small but practical step. Students should carry a card listing emergency contacts and known medical conditions.
How Patrick, Harper & Dixon Can Help
Putting together a legal toolkit for a college student does not have to be complicated. At Patrick, Harper & Dixon, LLP, we work with families throughout North Carolina to prepare these documents quickly and accurately. Our attorneys will explain each option in plain terms and help you decide what makes sense for your situation.
Protecting Independence and Security
Sending a child off to college is both exciting and nerve-wracking. While students deserve independence, parents still want to know they can help if something goes wrong. Creating a set of legal documents before the semester starts balances both needs.
If your child is preparing for college or has already begun classes, contact Patrick, Harper & Dixon, LLP. We can guide you through the process of drafting powers of attorney, HIPAA authorizations, and other important documents so you and your student feel confident about the road ahead.
Frequently Asked Questions
When is the right time to create a legal toolkit?
While many families prepare before freshman year, these documents can be drafted at any point during a student’s college career.
Can a student revoke or change these documents later?
Yes. Powers of attorney, HIPAA authorizations, and FERPA releases can be updated or revoked by the student at any time.
Are online templates enough for these documents?
Some families try do-it-yourself forms, but they may not comply with North Carolina law. Working with an attorney helps ensure the documents are valid and enforceable.
