Power of Attorney for College Students: What Parents Need to Know

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Most parents know their college student needs bedding, a laptop, and a meal plan. What doesn’t make the checklist, but probably should, is a power of attorney.

Once your child turns 18, they are a legal adult. And while that’s a good thing, it’s also a practical shift that affects what you as a parent can and can’t do on their behalf, and it’s worth understanding before a situation arises where you need to act quickly.

In this article, we’ll walk you through what a power of attorney actually covers, what other documents your student needs alongside it, and how to get everything sorted before they leave.


What a power of attorney does for your college student

A General Durable Financial Power of Attorney gives a designated person, usually a parent, the legal authority to manage financial matters on a young adult’s behalf.

This might come into play if your student is studying abroad and needs help navigating a financial situation from a distance. It could matter if they’re dealing with a health issue and can’t manage their own accounts. It also applies to more routine situations like signing financial documents, managing a bank account, or handling paperwork that requires an adult signature.

Without it, you have no legal standing to act, regardless of how close your relationship is or how dependent they still are on you financially.


Why a power of attorney alone isn’t enough

A financial power of attorney covers money and legal matters, but it does not cover healthcare.

For that, your student needs two separate documents.

A Healthcare Power of Attorney names the person who can make medical decisions on their behalf if they are unable to do so themselves. If your student is in an accident or otherwise incapacitated, this document is what gives you the legal ability to engage with their medical team and make decisions on their behalf.

A HIPAA Authorization is different from the Healthcare POA and equally important. This document specifically authorizes healthcare providers to share your student’s medical information with the people they’ve named. Without it, a doctor or hospital cannot legally discuss your child’s condition with you, even in a non-emergency situation, and even if they’re on your insurance.

They serve different functions and are often confused for the same thing, but most families we work with at JM LAW PLLC need both.


The document most people forget: FERPA

While HIPAA governs medical information, FERPA governs educational records, and it’s a separate law with a separate form.

Once your student enrolls at a university, FERPA gives them full control over their academic and financial aid records. The school cannot share grades, financial aid information, or academic standing with you without your student’s written authorization, regardless of who is paying tuition.

A FERPA waiver, signed by your student, gives you access to those records. It doesn’t override their privacy or decision-making, it simply keeps you in the loop on the information you may need to support them.

This is often the document that families realize they need after the fact.


What about a living will?

A living will documents your student’s own wishes about medical care in serious situations. Most 18-year-olds don’t spend much time thinking about this, but having it in place means their wishes are documented and honored, and removes a difficult burden from family members if a serious situation ever arises.

It’s a brief document, and one of the most meaningful things a young adult can do to make their own values known.


Putting it all together

The four documents every college student and young adult should have are a General Durable Financial Power of Attorney, a Healthcare Power of Attorney, a HIPAA Authorization, and a Living Will. For college students, a FERPA waiver rounds out the package.

None of these documents limit your student’s independence, but rather, they give your family the legal ability to show up when it counts.

JM Law’s Protection Plan was designed specifically for this stage of life. It covers all four foundational documents in a single flat-fee package for young adults under 26, with FERPA waivers included at no additional cost for college students. Everything is reviewed in plain language so your student understands exactly what they’re signing and why.

To learn more about our Protection Plan, call the office at (703) 956-5738 or contact us today.

Serving clients throughout Virginia, Maryland, Florida, and Washington, D.C.

Disclaimer: Materials prepared by JM LAW, PLLC are for general informational purposes only. Educational material does not create an attorney-client relationship and is not an offer to represent you. You should not act or refrain from acting based on information provided.

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