Protect Your College-Bound Child with a Power of Attorney

With the class of 2022 getting ready to go off to college, there is one piece of planning that is nearly always overlooked. For the first eighteen years of your child’s life, you have the authority to make major decisions on their behalf. It may not occur to you that when they wake up on their eighteenth birthday, the legal landscape has changed. And it likely won’t be at the forefront of your mind unless something happens and the ground falls out from under your feet.

Of course, the Power of Attorney does not allow you to have the same authority over your child as you once did; however, it does allow you to make decisions on their behalf in case they are unable to make those decisions due to incapacity.Now this may seem very far off, but keep in mind that incapacity can be caused by an injury or unknown medical issue. In this instance, your first impulse would be to contact your child’s medical provider to gather information and provide assistance. However, as a legal adult, your child has a right, notably the right to privacy of their medical information which is protected by HIPAA. Additionally, in this instance, no one has authority to pay bills and rent, leading to financial issues when they regain their health.

When you’re getting your children ready for college, I urge you to consider getting a Power of Attorney, just in case.

Previous
Previous

Considerations for Social Media and Digital Assets

Next
Next

WHAT IS PROBATE AND IS MY ESTATE SUBJECT TO PROBATE?