When my son turned 18 and left for college a few hours away, it felt like the start of a new chapter — one filled with excitement, independence, and the quiet ache that comes with watching your child grow up. He didn’t come home on weekends, rarely called, and though he had a cell phone, the service was spotty. One day, I received a call from his doctor’s office. A routine lab result had come back with questionable findings, and they had been trying — unsuccessfully — to reach him for days. The doctor, clearly concerned, asked me to have him call the office. Naturally, I asked what was going on. But because my son was now legally an adult, I was told nothing. I spent several anxious days waiting to hear from him, only to find out, thankfully, that everything was fine. It was then I realized: a simple health care proxy could have spared us all that stress.

Most people think estate planning is only for retirees or those with significant wealth. But the reality is, once a child turns 18, parents lose the legal authority to make medical or financial decisions on their behalf — even in an emergency. That’s why every college student should have a few essential estate planning documents in place. These aren’t just legal formalities; they’re peace-of-mind protections for both students and their families.

 

The 3 Documents Every Young Adult Should Have

1. Durable Power of Attorney (Financial POA)

This document allows someone (usually a parent or trusted adult) to manage financial affairs on the student’s behalf. This could include paying bills, managing bank accounts, signing leases, or dealing with tuition issues — especially important if the student is studying abroad or is otherwise unavailable.

Why it matters: If your child becomes incapacitated due to illness or injury, or is too busy with college life to handle his own affairs, you won’t be able to legally handle their financial matters unless you’ve been named as their agent in a power of attorney. A financial POA avoids the costly and time-consuming process of court-appointed guardianship, and it allows you to continue assisting your child with life decisions and financial matters while they grow into adulthood.

 

2. Health Care Proxy (Medical Power of Attorney)

This allows your child to name someone to make medical decisions for them if they’re unable to do so. Without this, parents may be legally prevented from speaking on their child’s behalf, even in an emergency.

Why it matters: Hospitals and doctors cannot legally share information or take direction without proper authorization once a person is 18. A health care proxy ensures someone trusted is empowered to step in and make decisions.

 

3. HIPAA Authorization

This form allows medical professionals to share your child’s health information with you or another named individual. It’s often included with the health care proxy but can also be a standalone document.

Why it matters: If your college student ends up in the hospital, medical professionals may not be allowed to discuss their condition with you — even if you’re footing the bill — unless this form is in place.

 

Optional but Worth Considering:

FERPA Waiver: This allows you to access your child’s educational records (grades, academic status, financial aid) under the Family Educational Rights and Privacy Act.

Basic Will: If your student owns a car, has a bank account, or even a pet, a simple will can help ensure those assets are passed according to their wishes.

 

Estate planning for young adults isn’t about handing over control

Estate planning for young adults isn’t about handing over control — it’s about having a plan in place just in case. It gives peace of mind to both students and parents, knowing that if something unexpected happens, the right people are legally able to step in and help.

If you’re sending a student off to college, consider giving them a different kind of care package — one that includes these essential legal documents. It’s a small step that can make a big difference in a crisis. In fact, you can choose to add these documents for your student and update your own estate plan at the same time.

Need help getting started? Our office offers affordable, student-focused estate planning packages to help families prepare with confidence. Ask about adding student POAs to your own estate plan! Contact us today to schedule a consultation!