If your college student is 18 years old, they are a legal adult in most states (19 in Alabama and Nebraska, 21 in Mississippi). This means you may no longer have legal access to school records, medical records, or financial information. The people who hold this information can refuse to give it to you.
This is why you’ll want to consider getting the following legal documents in place, especially if your child is attending school in another state.
What are the legal docs you’ll want signed?
A FERPA form, HIPAA release, Health Care Power of Attorney, Financial Power of Attorney (names may vary in different states).
Why would a student want to sign these documents?
If you’re a gotcha parent, your student might be reluctant to sign. Gotcha parents monitor and control their kids. If you’re a gotcha-back parent, it shouldn’t be an issue. A gotcha-back parent encourages independence and self-advocacy.
The good news for students with gotcha parents who feel pressured to sign: they can remove authorization at any time.
Why would you need a FERPA form?
If a parent contacts the school and asks for student information, they can say FERPA (The Family Educational Rights & Privacy Act). This prevents them from disclosing information about financial aid, enrollment, academic related issues, student conduct, pretty much anything relating to your student. But if you’re paying the bill or your student is sick or injured and you need to communicate on their behalf — you’ll want a FERPA waiver on file.
Why would you need a HIPAA release?
In most states, an 18-year-old is a legal adult whose medical information is protected through the Health Insurance Portability and Accountability Act of 1996. This is a U.S. federal law designed to protect patient health data from being shared without consent. If your kid has an accident or is unable to speak, you’ll want to get access to protected information. If they want your help with anything relating to their health care, you’ll want to have a HIPAA release.
Why would you need a Health Care Power of Attorney?
If your child has an accident and is unable to communicate, you want to make sure you can legally act on their behalf. If a state doesn’t have a next of kin policy, you may be limited in your ability to act on their behalf. You will want a health care power of attorney (names can vary in different states).
Why would you need a Financial Power of Attorney?
If an 18-year-old is unable to communicate and make their own financial decisions, you might not be able to access their financial information. This includes banking, financial aid, billing, tax issues, leases, insurance, and contracts. If a child is studying abroad and is unreachable, a financial POA will give you the legal authority you need to act on their behalf.
Where do you get these legal documents?
First, check with the school to see if they offer free legal services. Most schools will give you access to a free FERPA form and HIPAA release. They might even require a school-specific form from their office.
When it comes to a health care power of attorney and financial power of attorney, most schools do not offer these services. If they do, there is typically a charge. Look for a reputable provider like Mama Bear Legal Forms or an estate planning attorney. I use Mama Bear. The online notary add-on made it very easy.
IMPORTANT: Some states require documents to be notarized. See next question.
Do these documents need to be notarized?
Yes, some states require the health care power of attorney and financial power of attorney to be notarized. Check with your state. There are many online notary services. Mama Bear Legal Forms offers a notary option. My son took care of this in another state within minutes. If you use an in-person notary, confirm the location will notarize health care and financial power of attorney forms.
What if your child is going to college in a different state?
FERPA and HIPAA are federal documents so states do not matter (check with your school to see if they have special docs, especially if your student is registered with the student disability office). When it comes to the Power of Attorney documents, get documents for the state you live in and the state your student attends school in. Mama Bear gives you the option to get documents for two states.
If you use Mama Bear Legal Forms, use code Harlan20 and take 20% off. (I’m an affiliate and get a small commission.)
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