Two Documents Every College Student Needs (and Why Most Parents Don't Know It)
You just moved your child into their dorm, bought the mini fridge, maybe shed a tear in the parking lot. Here's the thing nobody mentions at orientation: the moment your child turned 18, you lost every legal right to make decisions on their behalf, including medical ones. That means if your student ends up in an ER two states away, the hospital has no obligation to tell you what's happening, let alone let you make treatment decisions. Your ability to call the registrar about a billing issue, talk to a doctor about a diagnosis, or manage a bank account in a pinch didn't gradually fade. It vanished overnight, on their 18th birthday.
The fix is straightforward. Two documents—none of them expensive nor complicated—put you back in the picture when your child needs help.
1. An Advance Directive for Health Care
This is the big one, and it actually does double duty. In Georgia, the Advance Directive for Health Care includes a built-in HIPAA authorization—the federal privacy release that lets healthcare providers share your child's medical information with you. Without that release, a hospital is generally prohibited from providing you any information about your child. The same document also names a healthcare agent (usually a parent) who can make medical decisions if your child is unconscious or otherwise unable to speak for themselves. Without it, you may need to go to court to get that authority, and that process doesn't move at the speed of a medical emergency.
2. A Durable Financial Power of Attorney
This one covers the non-medical side. A durable financial power of attorney lets a parent (or another trusted person) handle financial matters on your child's behalf—things like managing a bank account, dealing with a landlord, handling insurance claims, or sorting out a tuition issue. "Durable" means it stays in effect even if your child becomes incapacitated, which is exactly when you'd need it most.
A Few Things Worth Knowing
What these documents are called and how they're packaged varies by state. Georgia combines the HIPAA authorization and healthcare power of attorney into a single Advance Directive. Other states may require them as separate documents, or use different terminology altogether. If your child goes to school out of state, it's worth confirming that the documents will be recognized and effective where they'll actually be used. An attorney in the relevant state can make sure nothing falls through the cracks. Also, these aren't "set it and forget it" documents. As your child gets older—finishes school, starts a career, gets married—who they'd want making decisions for them may change. A quick review every few years keeps things current.
The Bottom Line
None of this is dramatic or complicated. It's a small amount of planning that prevents a potentially enormous headache at the worst possible time. If your child is heading to college this fall, or already there, this belongs on the move-in checklist right alongside the shower caddy and extra-long sheets.
Your BIP Wealth advisor can help you think through what's needed and connect you with the right attorney to get these documents in place. It's one of the easiest planning conversations you'll have, and one of the most worthwhile.
FAQs
What legal documents does my college student need?
At a minimum, your child should have an Advance Directive for Health Care (which includes a HIPAA authorization and healthcare power of attorney) and a Durable Financial Power of Attorney. These ensure you can step in on medical and financial matters when needed.
Why do I lose the right to make decisions when my child turns 18?
Under federal and state law, an 18-year-old is a legal adult. HIPAA prohibits healthcare providers from sharing medical information without the patient's consent, and banks and schools treat your child as an independent account holder. These rights don't phase out, they end on their birthday.
Do these documents work across state lines?
It depends. Many states honor out-of-state documents, but some have specific requirements. If your child attends school in a different state, it's worth having an attorney in that state confirm the documents will be recognized there.
How often should we update these documents?
Review them every few years or after major life changes—graduation, marriage, a move to a new state—or a change in who your child would want making decisions on their behalf.
Disclaimer: This blog is intended for informational purposes only and does not constitute legal advice. Please consult your personal attorney before making any legal decisions.
