Blog: Sending Your Child to College? Legal Documents Every Family Should Consider

By: Alex R. Flaten

INTRODUCTION: 

Starting college is an exciting milestone for students and their families. Between choosing classes, moving into a dorm, and paying tuition, legal planning may not be at the top of the college checklist. However, once a student turns 18, parents may no longer automatically have the legal authority to access certain information or make decisions on their child's behalf.

A few basic legal documents can help families prepare for unexpected situations.

HEALTH CARE DIRECTIVE

Once a student becomes an adult, parents generally do not automatically have authority to make medical decisions for them. A health care directive allows the student to name someone they trust to make health care decisions if they become unable to communicate or make those decisions themselves.

For a college student living away from home, having this document in place can provide valuable protection in the event of a serious illness or accident.

POWER OF ATTORNEY

A power of attorney allows a student to authorize another person, such as a parent, to handle certain financial or legal matters on their behalf.

Depending on how the document is written, this could include handling banking matters, signing certain documents, managing bills, or addressing other financial issues if the student is unavailable or unable to do so.

ACCESS TO EDUCATIONAL INFORMATION

Parents may also be surprised to learn that once a student attends a postsecondary institution, federal privacy protections under FERPA generally apply to the student's education records. Even when parents help pay tuition, they may not automatically have unrestricted access to grades or other educational records.

Students should review their school's procedures if they want to authorize a parent or another trusted person to receive certain information.

PLANNING BEFORE AN EMERGENCY HAPPENS

Most young adults do not expect to need estate planning documents. However, basic planning is not just for older adults or people with significant assets. For college students, the goal is often to ensure that trusted family members have the appropriate authority if something unexpected happens.

HOW JENNRICH LAW CAN HELP

Sending a child to college comes with plenty of changes, and legal planning can easily be overlooked. Jennrich Law can help Minnesota families prepare health care directives, powers of attorney, and other estate planning documents for young adults heading to college.

Taking care of these documents before the semester begins can help students and their families feel prepared for the unexpected.