Preparing Your College-Bound Child with Essential Legal Documents
As the excitement for parents, teachers, and hopefully the students for back-to-school season approaches, many parents and guardians find themselves preparing their “children” for college life. Beyond packing essentials and setting up dorm rooms, there’s a critical aspect of preparation that often goes overlooked: ensuring your adult child has the necessary legal documents in place.
Once your child turns 18, they are legally considered an adult, which means you no longer have the automatic right to make important medical or financial decisions on their behalf. This is where crucial legal documents come into play.
Key Documents Every College Student Needs
1. Durable Power of Attorney
A durable power of attorney allows one person (the principal) to delegate authority to someone else (the agent) to act on their behalf. In Florida, a durable power of attorney goes into effect immediately (with limited exceptions that we will discuss during your complimentary consultation) and remains effective even if the principal becomes incapacitated. This document is crucial for assisting your child with banking, managing financial accounts, handling tax matters, and other financial decisions.
Open communication between you and your child about the scope of this authority is vital. It’s also important to ensure the document is properly executed to avoid any issues with banks, the IRS, insurance companies, or other institutions that may require specific documentation.
2. Health Care Surrogate (Health Care Power of Attorney)
Your child’s health and well-being are arguably more important than financial security. Florida law allows a resident to designate a health care surrogate (HCS), who is authorized to make health care decisions if the individual is unable to do so. The HCS should be someone you trust, as they will be responsible for making decisions about medical treatments, life support, and other critical health matters.
Unlike a living will, which applies only in specific, limited situations, the designation of a health care surrogate is applicable anytime the individual is unable to make informed decisions. It’s essential to communicate your medical wishes clearly to your HCS to ensure your health care preferences are honored.
3. HIPAA Release
To fully utilize the designation of a health care surrogate, an estate planning attorney will include a HIPAA Release Form. This form allows the surrogate access to your medical records and to speak with health care providers to make informed decisions.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) restricts access to medical records without explicit permission, which can prevent even close family members from obtaining necessary medical information. Having a HIPAA Release Form in place ensures that your health care surrogate can access your medical records and communicate effectively with health care providers.
Real-Life Implications
Imagine your child is away at college and suddenly becomes incapacitated due to an illness or accident. Without the proper legal documents, you will most likely be unable to obtain information from doctors or make critical decisions about their care. These scenarios can be avoided by having your child sign the necessary documents before heading off to college.
The Parent’s Relief Kit from Law Offices of Mark F. Moss
At the Law Offices of Mark F. Moss, we understand the challenges parents face when their children become legal adults. That’s why we’ve created the Parent’s Relief Kit, which includes all three of these essential documents: Durable Power of Attorney, Health Care Surrogate, and HIPAA Release. This kit ensures you have the legal permission needed to assist your child in any medical or financial situation.
Ensure your child is fully prepared for the independence of college life by setting up these important legal protections. Contact us today to learn more about our Parent’s Relief Kit and how we can help you and your college-bound child prepare for the future. Book your complimentary consultation by visiting markmosslaw.com or calling us at (904) 329-7242.