21. Legal Essentials for College Students

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As parents prepare to send their children off to college, there is one critically important issue many families overlook: when your child turns 18, they become a legal adult. Overnight, your parental authority to make decisions on their behalf disappears unless they give that authority back to you in writing.

Even if you still claim your child as a dependent or pay all of their bills, you no longer automatically have access to their medical, academic, or financial records. For many parents, that realization is unsettling. However, with a few important legal documents in place before the semester begins, families can avoid unnecessary stress during emergencies.

Medical Records and Healthcare Decisions

The Health Insurance Portability and Accountability Act (HIPAA) prevents parents from accessing their adult child’s medical records, receiving doctor updates, or making treatment decisions without authorization.

If your college student experiences a sudden illness or accident, medical providers cannot legally discuss their condition, treatment plan, or prognosis with you. In severe situations where the student is incapacitated, parents may even need to petition the court for emergency guardianship just to make critical healthcare decisions.

To avoid these complications, every college-age adult should execute:

• A Healthcare Power of Attorney

• A HIPAA Authorization

At Pickler Law, HIPAA authorizations are embedded into our Healthcare Powers of Attorney for convenience. The Healthcare Power of Attorney allows a trusted person, often a parent, to make medical decisions when the student cannot. The HIPAA authorization grants access to medical records and communication with healthcare providers.

Without these documents, parents may not even be allowed in the room, much less permitted to direct care.

Educational Records and FERPA

Many parents are surprised to learn that once a child turns 18 or enrolls in a postsecondary institution, educational privacy rights transfer entirely to the student under the Family Educational Rights and Privacy Act (FERPA).

That means colleges cannot disclose grades, GPA, disciplinary matters, financial aid information, or academic standing to parents without the student’s written consent.

The simplest solution is for the student to sign a FERPA Waiver. This written consent allows the student to decide what information can be shared and with whom. Many colleges provide their own FERPA forms through the Registrar’s Office.

Although certain limited exceptions exist, such as health and safety emergencies or IRS dependency considerations, the FERPA Waiver remains the cleanest and most efficient solution.

Financial Matters

A Durable Financial Power of Attorney is another essential document for college-age adults.

This legal document allows the student to appoint a trusted person to handle financial matters if the student becomes incapacitated or unavailable. A Durable Power of Attorney can authorize a parent to:

• Access bank accounts

• Pay tuition, rent, or utilities

• Communicate with lenders and financial institutions

• Handle tax matters

• Manage financial affairs during emergencies

As the old saying goes, “Do not leave home without it.”

Do Not Wait Until the Last Minute

Summer is the perfect time to put these documents in place before the school year begins. Without them, parents may have no legal ability to access their child’s medical, educational, or financial information when it matters most.

These documents are not cost-prohibitive and can provide tremendous peace of mind for both parents and students.

If you have questions or would like assistance preparing these documents, contact Pickler Law at 901.244.4242 or by clicking here. We would be glad to help your family avoid common legal blunders before your child heads off to college.