By Stuart R. Simone Esq.
College Student Planning – Make a Legal Plan for your College Student
If you’re like me and you have a teenager (we can’t really call them “kid” or “child” any more) that is leaving home and going off to college, it’s an emotional time. It’s hard to get the logical side of the brain to remember that we as parents do have legal and ethical obligations to ourselves and our offspring. This article will give you some practical advice – such as reviewing your health insurance and homeowner’s insurance policies to make sure your child is covered in his new residence – as well as a list of legal documents that should be drafted and signed now. These documents include a FERPA waiver, HIPAA authorization, Advanced Healthcare Directive, Living Will (yes, it’s never too early to estate plan!) and a Durable Power of Attorney.
Power of Attorney
A Durable Power of Attorney provides a parent with the authority to handle financial and legal matters on the child’s behalf if the child is incapacitated. This allows the parent to manage bank accounts, pay bills, file tax returns, terminate contracts and apply for government benefits.
Check with each financial institution whether a durable general power of attorney is sufficient. Some financial institutions may require you to complete their own form instead.
A durable power of attorney takes effect when a person becomes incapacitated (“the springing power”). But if your teenager wants you to manage her financial accounts or file her tax returns while she’s away at school, she can make the document effective immediately.
Health Insurance check
Although the Affordable Care Act (ACA) extended coverage of children through age 26, it is a good idea to confirm that your child is covered under your health insurance, especially if the child is going to college out of state or in a different country.
If the child is going to college in a different country, it may be necessary to obtain medical evacuation insurance.
Homeowner’s Insurance check
Check whether your homeowner’s insurance covers your child’s belongings while they are away at college. Some homeowner’s insurance policies will cover a child’s property only if the child is living in college owned or operated housing, such as a dorm room. If the child is living in a fraternity, sorority or off-campus apartment, they may need to get renter’s insurance.
Vaccinations, Medical and Dental Appointments
Before your child leaves for college, it is a good idea to arrange medical and dental appointments, preferably at least a month before they depart.
• Make sure their vaccinations are all up-to-date
• Get a copy of their prescriptions, so they can fill them while they are on campus
• If they have a chronic medical condition, get a copy of their medical records to bring with them to college, especially if they will need to see a doctor more than once a year
HIPAA Authorization
The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) is a federal law that protects the privacy of medical records. When a child reaches age 18, the child’s parents can no longer get access to the child’s medical records under HIPAA. Your child must sign a HIPPA authorization form to allow you to receive information from health care providers – including from the college’s health clinic – about her health and treatment.
Advanced Health Care Directive
An Advance Healthcare Directive (“AHCD”), sometimes called a Living Will, specifies the child’s preferences if they are in a persistent vegetative state, unable to communicate or otherwise incapacitated. The living will states the child’s preferences for end-of-live medical care, including medical care to prolong life, food and water, pain management and palliative care.
The AHCD may also specify the child’s wishes concerning organ and tissue donation.
It is best for the child to discuss their wishes in advance with family members, in addition to providing a copy of their living will to their doctor and hospital, to reduce the likelihood that family members will interfere with their living will.
Medical Power of Attorney
When a child reaches age 18, the child’s parents can no longer make medical decisions on the child’s behalf.
A Health Care Proxy, sometimes called a Health Care Power of Attorney or Durable Medical Power of Attorney, allows parents to make medical decisions on the child’s behalf if the child is unable to make such decisions due to being incapacitated.
FERPA Waiver/Release
Even though you’re paying the college bills, the default is that you do not have the right to see your child’s education records, such as grade reports, health records and disciplinary actions. The Family Educational Rights and Privacy Act (FERPA) transfers the rights accorded to parents from the parents to the student when the student reaches age 18 or attends a college or university.
There are a few exceptions in which the student’s prior written consent is not required:
• If the disclosure is to parents who list the child as a dependent student on their federal income tax return. The child must be under age 23, unmarried, live with the taxpayer for more than one half of the tax year, and not provide more than one half of their own support for the calendar year in which the tax year begins.
• If the disclosure is in connection with a health or safety emergency and the disclosure is necessary to protect the health or safety of the student or other individuals.
• If the disclosure is in regard to the student’s violation of any Federal, State or local law, or college rules, concerning the use or possession of alcohol or a controlled substance, and the student is under age 21.
However, it is best to have the child sign a FERPA Waiver to allow the college to disclose education records to the parents. Each college has its own version of a FERPA Waiver. You should be able to find form online by searching the college’s website or just searching for “ferpa waiver” or “ferpa release” and the name of the college; if not, ask the college’s financial aid office for the FERPA Waiver.
Simone Legal offers the “College Student Package” – including a simple Will, Power Of Attorney, Healthcare Directive, HIPAA Waiver, and Medical Power Of Attorney – for a very reasonable price, and it is “priceless.” Contact us 833-9-SIMONE, info@SimoneLegal.com, or fill out a form on our website.
