It’s time to finish up the dorm room arrangements, book deposits, and all other steps necessary to send your child to college. Don’t forget one of the most important preparations: simple, but effective Powers of attorney.
Yes, your college-bound child should now prepare and sign a power of attorney for healthcare purposes and a power of attorney for financial and other matters.
The Law: The Family Educational Rights and Privacy Act (or FERPA) is the federal law that provides certain rights for parents concerning their children’s education records. Your child who is over 18 or who attends a postsecondary institution at any age, becomes an “eligible student,” and that means all rights under FERPA transfer from the parent to the student.
State law considerations are also important. Once your child turns 18 years of age the law generally no longer allows you to act for them in every instance.
In plain language, when your child becomes a college student you no longer have a right to access there education-related matters. When the child is over 18, you also have only limited legal right to handle other financial and “property” related matters, or health-care related matters on their behalf.
Why is this important?
Without the permission from your son or daughter, that is memorialized by a properly executed Power of Attorney for healthcare, you are unable to access medical records, speak with and help to guide treating medical professionals, deal with medical privacy issues and, in extreme circumstances, deal with major medical and end of life issues. For many parents, this comes as a surprise during the first time they call to the student health services at their child’s school to try to facilitate review or transfer of medical records or medical treatment for their child.
For “property” related matters, the list of items and steps that may have to come into play is long and is in fact different for everyone. Filing a tax return, hiring an attorney to bring an action or defend an action involving your child, contacting the child’s employer, dealing with leasing and other housing related matters, assisting with management of bank and other accounts, and many other activities are all the subject of a properly created Power of Attorney for your child.
The practical importance of having these tools available for you to assist your child is clear. Another important benefit of creating Powers of Attorney is that your child can begin to understand the importance of planning for their lifetime activities. If you have further questions about planning as your child embarks on this important stage in their lifetime adventures, please reach out to Marc Sherman or Maureen Meersman of Marc D. Sherman & Colleagues, P.C.
Contact us here: https://mshermanlaw.com/contact/
