- What legal documents should my child have before leaving for college?
Once your child turns eighteen, they should have a few key legal documents in place. First, a Healthcare Proxy naming a healthcare agent to make medical decisions if incapacitated. Second, a Durable Power of Attorney allowing their named agent to access financial accounts and manage their affairs. Lastly, a HIPAA Authorization allowing named representatives to speak with their doctors and obtain medical records.
- Why can’t I make medical decisions for my teenage child without a Healthcare Proxy?
Once your child turns eighteen, they are legally an adult. If something happens and they do not have a Healthcare Proxy in place, you may be forced to seek a guardianship and/or conservatorship through the court to make medical decisions on their behalf. A Healthcare Proxy can prevent this entirely.
- Why do we need a HIPAA Authorization if my child already has a Healthcare Proxy?
These two documents serve different purposes. A Healthcare Proxy authorizes your named agent to make medical decisions only when your child lacks the capacity to do so themselves. A HIPAA Authorization allows named individuals to speak with doctors and obtain medical records regardless of whether your child has capacity. Both documents are needed for full protection.
- What does my child need to do so I can access their school records?
Under federal law (FERPA), once your child enrolls in college, their academic records are private, even from parents. To grant you access, your child must voluntarily sign a FERPA Waiver through the university’s registrar’s office or online portal. This waiver can cover grades and transcripts, financial aid, billing and tuition accounts, enrollment status, and disciplinary records. Your child has the right to revoke this at any time.
- What if my child needs help managing their finances while away at school?
If your child has signed a Durable Power of Attorney naming a financial agent, that person can step in to manage finances, pay bills, or handle financial matters as needed without any court involvement.
- Does the FERPA Waiver cover my child’s medical records at the campus health center?
No. A FERPA Waiver only covers academic and educational records. Your child will need to have a HIPAA Authorization for you to access medical records held by the campus health center.
Know the Law is a bi-weekly column sponsored by McLane Middleton. Questions and ideas for future columns should be emailed to knowthelaw@mclane.com. Know the Law provides general legal information, not legal advice. We recommend that you consult a lawyer for guidance specific to your particular situation.