Legacy Law Blog

Parents of college-bound young adults spend weeks leading up to their child’s departure finalizing tuition and housing logistics, packing dorm essentials and preparing for what is yet to come.

What parents often do not realize is that the moment a child turns 18, after years of making medical and financial decisions, your legal authority as a parent disappears. As a result, parents no longer have automatic access to their child's grades, medical information or the automatic legal authority to intervene during a crisis.

The good news: a few well-drafted legal documents can preserve your ability to support your child when it matters most.

Durable Power of Attorney (DPOA): Financial and Legal Authority

A DPOA is a legal document in which a person, your young adult child, authorizes a designated agent, typically a parent, to act on your child's behalf in financial and legal matters, including managing bank accounts, signing leases and addressing university billing issues. It remains effective even if your child becomes incapacitated.

It is advisable to include a Family Educational Rights and Privacy Act (FERPA) authorization in the DPOA. FERPA restricts access to educational records including grades, financial aid and disciplinary matters, regardless of who pays tuition.

While most colleges have their own FERPA release form that students can sign through the registrar's office or student portal, including the authorization in your child’s DPOA helps ensure a comprehensive approach.

Patient Advocate Designation: Medical Decision-Making

A health care power of attorney, called a Patient Advocate Designation (PAD) in Michigan, addresses medical decision-making. This document allows your child to designate an agent, typically a parent, to make medical decisions if they become incapacitated. It authorizes a parent to consent to surgery, approve treatment plans or make critical decisions when a child cannot.

HIPAA Authorization: Access to Medical Information

Even with a PAD in place, the federal Health Insurance Portability and Accountability Act (HIPAA) prohibits health care providers from sharing medical information with anyone, including parents, without written authorization.

If your child is hospitalized or in an accident, providers cannot discuss their condition with you unless a signed HIPAA release is on file. This document gives you access to your child's medical information, ensuring you have the information needed to make informed decisions on your child's behalf.

The Bottom Line

These three documents work together for one simple reason: they let you step in and help your child when they need it most. And while we usually talk about them in the context of college, they matter just as much for young adults who are heading into a trade program, starting a new job, enlisting in the military, taking a gap year or simply living at home as a legal adult.

Overlooking even one of these documents can leave you without recourse at a critical moment or may require costly, time-consuming probate court involvement. If your son or daughter has turned 18, before they spread their wings, it is prudent to take steps now to consult an attorney to put these crucial authorizations into place.