4 Legal Documents to Prepare before Your Child Heads to College

College prep is not limited to SAT study guides, college applications, finals, orientation, and a few trips to Target.

Most college freshman are 18, or they will turn 18 during their freshman year. They are (or will soon be) legal adults and if proper documents are not completed, parents have zero say in healthcare decisions, medical records, advanced directives, bank accounts, insurance policies, or education records.

While college is the perfect time for your child to take on adult responsibilities, putting a few legal safety nets in place can ease the transition and help ensure major healthcare or financial blunders do not occur. Estate planning attorneys are valuable resources when deciding which forms fit your family’s needs.

The 4 Documents You Should Consider

Deciding which legal documents to complete should be a family decision. Each document covers a different area and addresses different levels of parent or guardian involvement.

1. Healthcare Power of Attorney: This document allows you to legally take part in medical decisions with physicians in the event your child is unable to participate. It is used if your child suffers an injury or illness that leaves them unable to make medical decisions. To be valid in that state of Ohio, this document must be signed by two witnesses or a notary.
2. Financial Power of Attorney: This document is like a healthcare power of attorney, except that it allows you to make financial decisions, granting access to bank accounts, health insurance, etc. should your child become unable to make them due to an accident or illness. It can also help in viewing and paying college bills, filing taxes, or if your child participates in a study abroad program with limited access to their US bank account.
3. Living Will: If your child becomes permanently unconscious, or brain dead, a Living Will lets healthcare providers know an individual’s wishes concerning life support and life-saving measures. This document removes the burden of deciding to remove life support from surviving family members. In Ohio, the document must be signed by the named patient as well as a notary or two witnesses. While not mandatory, it can be helpful to complete a Living Will with the assistance of a lawyer to ensure it is compliant with Ohio laws.
4. HIPAA Medical Authorization: Completing this document gives parents and guardians access to medical information and to participate in a discussion about medical care should their child become injured or ill and unable to communicate with healthcare providers. While it is recommended that this document be notarized, it is not mandatory under federal law.

Which Forms Are Best for Your Family?

You and your child are the ones best suited to make the decision on which forms are best to complete before the first day of college. If you have questions or concerns about completing the documents, which ones require a notary, please consult a lawyer who is familiar with these documents.