Current:Home > InvestGot a kid headed to college? Don't forget the power of attorney. Here's why you need it. -Capitatum
Got a kid headed to college? Don't forget the power of attorney. Here's why you need it.
Fastexy Exchange View
Date:2025-04-06 23:04:54
Every incoming college kid needs linens, toiletries, books, and computers before they arrive on campus.
Every parent needs a signed power of attorney before they kiss their teen goodbye.
A power of attorney, or POA, is a legal document every parent should have their 18-year-old sign that would give the parent immediate authority to access medical and financial information and handle those issues on behalf of the teen.
Without a POA, parents may not be able to help their kids if they need help. Even if parents still view their 18-year-olds as their babies, the law sees them as adults. And under privacy laws, parents will no longer have the right to make medical or financial decisions on behalf of the teens, regardless if the parents pay tuition, carry their children on their medical insurance, or provide other financial assistance.
Sheri Warsh, trusts and estates partner at Levenfeld Pearlstein law firm in Chicago, remembers when her son was away at college and taken by ambulance to a hospital because of sharp pains.
“I called from home and said 'I need to talk to the doctor,'” she recalled. “'My son’s on the way there, and I need to know what’s going on,'" she said. "They asked, 'Is he 18?' I said, 'Yes.'"
When they asked if she had power of attorney and she answered no, they said, "We can’t talk to you."
"Since then," Warsh continued, "it’s been my mission to make sure people know how important it is.”
When does a POA come in handy?
The two major times a POA would be helpful during college years (and maybe for a while beyond) revolve around health care and financial issues.
Normally, POAs allow someone to make decisions on your behalf if you become too ill or are otherwise incapacitated and can't make those decisions on your own. But parents need these effective immediately.
◾ Medical: As a parent, you’ll want to make sure your POA has a Health Insurance Portability and Accountability Act, or HIPPA, clause that specifically covers protected health information. This information encompasses health status, provision of health care, or payment for health care that is created or collected by an entity and can be linked to a specific individual. Protected health information access will also allow you to follow up on health care items, such as transferring files or requesting copies of X-rays to at-home doctors.
◾ Financial: Allows a parent to conduct financial matters such as student loans or investment accounts, without the teen being present. It also allows parents to access a college-age child’s bank account, receive and pay tuition bills and even help resolve issues the teen could be having with an unscrupulous landlord, credit card, or cable company, Warsh said.
What is a FERPA release?
Family Educational Rights Privacy Act, or FERPA, prevents parents from accessing their teen’s education records when the kid turns 18.
Some POAs include language that includes student education information protected under the FERPA, but not all of them do. So, it’s important for families to sign the FERPA release with their child’s school to ensure parental access to grades, related financial bills, records, and even the ability to speak with teachers and counselors.
Privacy concerns:Despite federal guidance, schools cite privacy laws to withhold info about COVID-19 cases
How do you get a POA and when should it be signed?
You can see an attorney for expert advice to make sure every situation’s covered, otherwise, you can find POAs free online. They vary by state so find one for the state you and your family live in. Depending on where you live, you may need to sign before a witness or two and a notary. Warsh also recommends not waiting, either.
"Just say 'Happy birthday! Now sign this power of attorney," she said and hand it over.
For FERPA releases, ask your child’s school. Schools have them but may not emphasize or facilitate them to families, Warsh said. Some may even require you to sign a new form every semester but won’t remind you, she said. It’s up to families to keep atop the release’s effective dates.
“You have to be proactive,” Warsh said. “The schools make it very difficult because they don’t want parents involved. They don’t want to talk to you.”
Medora Lee is a money, markets, and personal finance reporter at USA TODAY. You can reach her at[email protected] and subscribe to our free Daily Money newsletter for personal finance tips and business news every Monday.
veryGood! (2)
Related
- A South Texas lawmaker’s 15
- Around the world in 20 days: Messi could travel the globe for Inter Miami preseason
- Proof Emily in Paris Season 4 Is Closer Than You Think
- These Are the Best No Show Underwear To Wear Beneath Leggings
- Taylor Swift makes surprise visit to Kansas City children’s hospital
- Score This Sephora Gift Set Valued at $122 for Just $16, Plus More Deals on NARS, Tatcha, Fenty & More
- Novak Djokovic advances into fourth round in 100th Australian Open match
- AP Week in Pictures: Global
- Olympic women's basketball bracket: Schedule, results, Team USA's path to gold
- Marcus Stroman buries the hatchet with GM Brian Cashman, ready for fresh start with Yankees
Ranking
- From family road trips to travel woes: Americans are navigating skyrocketing holiday costs
- Police reports and video released of campus officer kneeling on teen near Las Vegas high school
- Ohio man kept dead wife's body well-preserved on property for years, reports say
- Defense Department to again target ‘forever chemicals’ contamination near Michigan military base
- Rylee Arnold Shares a Long
- Trump urges Supreme Court to reject efforts to keep him off ballot, warning of chaos in new filing
- Snubbed by Netanyahu, Red Cross toes fine line trying to help civilians in Israel-Hamas conflict
- Wisconsin Republicans introduce a bill to ban abortions after 14 weeks of pregnancy
Recommendation
Juan Soto to be introduced by Mets at Citi Field after striking record $765 million, 15
Johnny Depp credits Al Pacino with his return to directing for 'Modi' film: See photos
Man gets 65 years in prison for Des Moines school shooting that killed 2 students
Angst over LGBTQ+ stories led to another canceled show. But in a Wyoming town, a play was salvaged
NCAA hits former Michigan coach Jim Harbaugh with suspension, show-cause for recruiting violations
Atlanta Opera will update Puccini’s ‘La Bohéme’ for the coronavirus pandemic
NYC mayor vetoes bill expanding reporting of police stops, faces override by City Council
Trump urges Supreme Court to reject efforts to keep him off ballot, warning of chaos in new filing