Preparing to send your child to college is a big transition. It marks the beginning of adulthood and a large step toward independence.
But this can get complicated in cases of medical emergencies. In St. Louis, students over the age of 18 are legal adults, which means that as a parent, you are no longer entitled to make medical decisions for them — unless you have healthcare power of attorney.
Discussing power of attorney with your kids and an estate planning attorney before they go to college can help you prevent complications in case of an accident. It will put you on track to support your adult children no matter what!
What Is a Healthcare Power of Attorney?
A healthcare power of attorney, or POA, is a legal document that grants the right to a designated adult, known as the agent, to make important medical decisions for someone else if they can no longer make decisions for themselves. This is different from a living will, which only affects end-of-life decisions.
The agent should be a trusted person who has the patient’s best interest at heart. Often, college students will choose to designate their parents as their agents for this reason.
A medical power of attorney for your college student goes into effect when they are incapacitated and unable to communicate their desires or make their own choices. Examples of this could include:
- Accidents that leave your child comatose or unconscious
- Illnesses that prevent your child from being able to communicate (e.g., a stroke)
- If your child goes under general anesthesia
But it’s also important to note that this does not take away a college student’s ability to make their own medical decisions in general — it only matters in emergency situations. It’s also up to the student whether they want to execute a power of attorney at all and who they choose to name as their healthcare agent.
Why Your College Student Needs a Power of Attorney
Parents are used to handling medical matters for their children, but once your young adult children are 18, the tables turn. An 18-year-old is a legal adult. So, as a parent, you no longer have the legal right to make healthcare decisions for them, nor can you access their medical information.
Without a college student medical power of attorney, this can get tricky if your child has an accident and becomes incapacitated. You won’t be able to help them if they can’t help themselves.
In fact, you may need to go to court to ask for guardianship, which is a long and complicated process that could take weeks. This could be especially dangerous if your child is in need of urgent medical care and a decision needs to be made quickly.
Signing a healthcare power of attorney for college students can take away these complications. It allows you to step in when necessary to support your child if they need you. This might look like:
- Speaking with doctors or medical professionals on your child’s behalf
- Scheduling various appointments
- Accessing confidential information, such as medical records or test results.
Durable Power of Attorney for College Students
If you are involved in your child’s financial matters, you may want to consider durable power of attorney as well as health care. This would allow you to make financial decisions on behalf of your college student, even if they are not incapacitated.
Parents with a durable financial power of attorney can:
- Renew leases and pay rent on behalf of their children
- Transfer funds between bank accounts
- Ensure that tuition and fees are up to date
- Access bank records
This option is particularly helpful for students studying abroad (as it can be difficult to manage financial matters from a different country) or for students who deal with chronic illnesses.
Setting Up College Power of Attorney
To set up healthcare power of attorney for college students, you’ll need to fill out a form with basic info, including your name, contact information, and the powers that are being delegated, as well as your signatures. Depending on the state, you may also need to have a witness or a notary public sign as well.
If your child is going to college out-of-state, don’t just sign the form for the state where your child is attending college. Consider signing the form for your home state as well so that you can retain power in case your child is sent home for long-term care or rehabilitation.
To use your power of attorney, bring the document to the hospital, where a doctor or legal professional will review it. You can also opt to have it on file with your student’s university or medical provider.
Consult an Estate Planning Attorney to Get Started
We know that keeping your children safe is your first priority. A healthcare power of attorney for college students is a great way to gain peace of mind and make sure that your child will get the medical attention they need.
Want to take the first step? The Law Office of David S. Schleiffarth is ready to assist you. Use our contact form to reach out, or call 314-448-0527 to speak with an estate planning attorney today!