Current:Home > MyGot a kid headed to college? Don't forget the power of attorney. Here's why you need it. -OceanicInvest
Got a kid headed to college? Don't forget the power of attorney. Here's why you need it.
View
Date:2025-04-12 11:10:28
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 atmjlee@usatoday.com and subscribe to our free Daily Money newsletter for personal finance tips and business news every Monday.
veryGood! (8)
Related
- Kylie Jenner Shows Off Sweet Notes From Nieces Dream Kardashian & Chicago West
- Sports Illustrated lays off most or all of its workers, union says
- Nikki Reed and Ian Somerhalder Pay Tribute to Twilight and Vampire Diaries Roles on TikTok
- Emily in Paris star Ashley Park reveals she went into critical septic shock while on vacation
- Pregnant Kylie Kelce Shares Hilarious Question Her Daughter Asked Jason Kelce Amid Rising Fame
- David Oyelowo talks MLK, Role Play, and how to impress an old crush
- What men's college basketball games are on today? Here are the five best
- Russia will consider property confiscations for those convicted of discrediting the army
- Most popular books of the week: See what topped USA TODAY's bestselling books list
- Zayn Malik’s Foot Appears to Get Run Over by Car During Rare Public Appearance
Ranking
- House passes bill to add 66 new federal judgeships, but prospects murky after Biden veto threat
- Ukraine’s Yastremska into fourth round at Australian Open
- North Carolina school board backs away from law on policies on pronouns, gender identity instruction
- Parents of Mississippi football player who died sue Rankin County School District
- Federal Spending Freeze Could Have Widespread Impact on Environment, Emergency Management
- Parents of Mississippi football player who died sue Rankin County School District
- Dricus Du Plessis outpoints Sean Strickland at UFC 297 to win the undisputed middleweight belt
- Ex-Florida GOP party chair cleared in sexual assault probe, but could still face voyeurism charges
Recommendation
Angelina Jolie nearly fainted making Maria Callas movie: 'My body wasn’t strong enough'
Japan becomes the fifth country to land a spacecraft on the moon
Kanye West debuts metal teeth: 'Experimental dentistry' didn't involve removing his real teeth
Why Jillian Michaels Is Predicting a Massive Fallout From Ozempic Craze
What were Tom Selleck's juicy final 'Blue Bloods' words in Reagan family
The enduring appeal of the 'Sex and the City' tutu
Sports Illustrated may be on life support, but let me tell you about its wonderful life
These home sales in the US hit a nearly three-decade low: How did we get here?