Kiplinger’s recent article, “Documents that Parents and College Students Need,” explains that many parental rights are no longer applicable, when a child legally reaches adulthood (age 18 in most states).
However, with a few estate planning documents, you can still be involved in your child’s medical and financial affairs. Many parents don’t know that they need these documents. They think they can access a child’s medical and other information because their son or daughter is still on the family’s insurance plan and the parents are paying the medical and tuition bills.
Here are four documents you and your son or daughter will need.
HIPAA Authorization Form. This is a federal law that protects the privacy of medical records. You child must sign a HIPPA authorization form to let you to receive information from health care providers, such as the college’s health clinic, about their health and treatment. If your son or daughter doesn’t want to share her entire medical record, he or she can set restrictions on what information you can receive.
Medical Power of Attorney. This lets your son or daughter name a person to make medical decisions if they are incapacitated and unable to make medical decisions. Your child should select both a primary agent and a secondary agent in the event the first one is unavailable.
Durable Power of Attorney. This lets your son or daughter authorize a person to handle financial or legal matters on his or her behalf. A durable power of attorney is usually written so it takes effect when a person becomes incapacitated. However, if your child would like you to manage his or her financial accounts or file tax returns while away at school, they can make the document effective immediately.
Family Education Rights and Privacy Act Waiver. Once your child is an adult, you’re no longer entitled to see their grades without express permission. It seems a bit crazy that you can be paying for tuition but you don’t have access to their academic records. This waiver signed by your child will allow you permission to receive his or her academic record. Many colleges provide this form, or you can find it online.
You need to contact an experienced estate planning attorney to have these documents prepared correctly. One you get these documents make sure you have ready access to them, if required.
Reference: Kiplinger (September 24, 2019) “Documents that Parents and College Students Need”