Your Child’s Off to College. Are These Documents on Your Checklist?
As your child heads off to college, he or she will likely make lots of decisions about courses, meal plans, living situations, and roommates. What young adults will probably not think about is the legal documents to have in place in case of an emergency. So, parents, here’s a brief list of documents to discuss with your loved ones who will soon be on their own.
Universal HIPAA release form
You’re probably familiar with HIPAA from your own medical providers. A universal HIPAA release form allows healthcare providers to share a patients PHI (personal health information) with authorized individuals. Imagine your child ends up at a college health center or hospital with a medical emergency. Without a HIPAA release form in place you won’t be able to find out the medical details of what’s happening or learn the outcome of lab results. A universal HIPAA release form isn’t restricted to a single medical provider. That’s why it is so valuable in unexpected medical situations.
Healthcare power of attorney
Many adults may already have healthcare POAs in place because it provides a designated person with the power to make healthcare decisions if the adult can’t make the decision himself or herself. While no one wants to think about situations when this might be needed for a young person, it’s best to plan ahead. In South Carolina, a POA requires the signature of two witnesses and a notary public.
General durable power of attorney
In addition to the healthcare power of attorney, a general power of attorney works to essentially cover all situations other than healthcare. And like the healthcare power of attorney, if you need it and do not have it, it’s too late. Amongst other things it allows an agent to obtain school records, handle financial matters, and assist your college student. With any POA, there remains a fiduciary obligation of the agent to look out for the best interests of the principal and the agent is not allowed to act in a way that would be or is detrimental to the principal.
Living will
Most adults don’t consider a living will until they are far beyond their 20s, but there’s no reason not to offer a young person the opportunity to decide what kind of lifesaving measures are acceptable to them. A living will can also specify preferences for pain medication and organ donation.
FERPA release form
This form has nothing to do with potentially life-threatening situations, but it’s also a good one to discuss with your college student. FERPA (the Family Educational Rights and Privacy Act) protects a student’s privacy. A student signing the release form authorizes a college or university to share a student’s academic records with third parties. With parents often accustomed to accessing student portals for information, it’s important to recognize that an 18 year old has the legal right to keep certain information private. Discussing expectations early can avoid surprises later!
If you need help with getting legal documents in order, Shelbourne Law attorneys can help. Please call us at 843-871-2210 to get started or complete the contact form on our website and we will contact you.
