July 2026:

The MLO Minute: “Planning for Inevitable Challenges — Documents for Post-Secondary Students” —

By Dennis McAndrews, Esq., Founder and Managing Partner Emeritus, and Joan Graner, Attorney in the Estates and Trusts Department —

When children go off to college, trade school, or a gap year, major life changes are bound to occur, and it is important for parents to proactively plan to be legally able to assist their young adults in these situations. At age 18, an individual becomes an adult in the eyes of the law, and therefore parents no longer have the right to confidential information such as medical records or academic grades. Furthermore, limitations will now exist regarding access and communication with healthcare providers, the ability to make healthcare decisions, or handle most financial and legal matters on their child’s behalf.

 

If your child becomes sick or injured while away at college, you no longer have automatic access to your child’s health information and academic progress, even if you are paying your child’s tuition and other expenses.

 

To avoid these issues, the following documents can help a parent manage a challenging situation or even a crisis:

1.) A durable power of attorney will allow a parent or other trusted individual to assist with identified financial and legal matters, especially if the student is unable to do so or is somehow unavailable.

 

2.) A healthcare directive will allow a parent or other trusted individual to assist with medical decisions and receive critical information about the child’s health.

 

3.) HIPAA Authorization allows healthcare providers to share the student’s protected health information with parents or other designated individuals.

 

Our experienced estate planning attorneys will work with you to ensure that your documents are effective, legally valid and properly executed. We will tailor the documents to your family’s circumstances, coordinate financial and healthcare authorizations, and advise your family regarding any additional planning considerations that may be appropriate.

 

Please Don’t Wait! The time before school begins is the best time to address these issues. These documents require your child’s presence and cooperation, since your adult child must review and sign them. Having these documents in place before school begins will be a valuable “insurance policy” to allow parents to quickly provide assistance when it is needed most.

 

We look forward to serving you and your family on this important matter!