November 2025: 

The MLO Minute: “The Importance of Power of Attorney for Children Attending Post-Secondary Schools” — 

By Lesley Mehalick, J.D., LL.M., and Dennis McAndrews, Esq. — 

As children become adults in the eyes of the law at age 18 and leave home to attend a post-secondary educational program (college, vocational school, gap year, etc.), parents should seriously consider obtaining a Power of Attorney. While children are considered fully competent adults at age 18, basic human experience teaches us that appropriate decision-making often does not accompany children as they gain this greater independence. Too frequently, students in post-secondary programs make poor decisions that land them in a hospital, infirmary, counselling center or in serious academic/financial difficulties.  Yet parents who usually pay for all or much of the schooling—are legally prevented from speaking with doctors, nurses, counselors, law enforcement, or academic advisors without a Power of Attorney. As a result, critical decisions may continue to be made by the adult child who made the bad decisions at the outset. Understanding the role of a Power of Attorney (POA) in these situations becomes increasingly important at this critical stage of maturation.

These circumstances make a Power of Attorney an important option worth considering as it provides protection for the adult child while giving the parent substantial peace of mind. A Power of Attorney offers significant advantages for families and preparing one is a relatively straightforward process.  The Power of Attorney allows an adult child to designate a trusted family member to assist with financial, medical, and legal matters while preserving his/her own autonomy. This approach respects the individual’s dignity and independence while recognizing the potential need for parental assistance in crisis situations.

In considering this approach, families must recognize an important factor: when creating and utilizing a Power of Attorney, the Principal — the adult child providing the power to act by signing the document — retains the ability to act independently. This dual authority does not eliminate vulnerability but does allow the parent to obtain important information and act in necessary circumstances.

The decision to pursue a Power of Attorney requires consideration of all family circumstances.  Consulting with one of our attorneys experienced in such planning ensures that the family chooses the path that best serves their loved one’s interests. Click here to contact us today!