Have a Kid in College? 3 Documents You Need Right Now.

Do you have a student heading off to college, or living away from home already? While you stock up on dorm room essentials and tick through packing lists, add to your to-do’s three quick but important legal documents.  

These include a HIPAA authorization, a Healthcare Proxy, and a general Power of Attorney. The reason? Once your child turns 18, he or she is an adult in the eyes of the law — without these forms in place, you won’t be able to get information about or make decisions for your child in the event of a medical emergency. 

It is a good idea to include your child in this process and make time to fill them all out together. Parents should keep the originals and give their student copies — you should also see if your school will add copies to the student’s medical records. 

1.    HIPAA Authorization 

HIPAA stands for the Health Insurance Portability and Accountability Act of 1996 which limits how medical information can be shared. A HIPAA Authorization Form allows parents to get information about their child’s health and treatment. This document lets a patient (your college student) designate specific family members, friends or others who can have access to medical information and treatment options if needed.

You will want to take care of this before it’s needed — and it’s especially important if your child is living away at school. If your child is involved in an accident, for example, you can’t expect to get any information over the phone unless you fill out this form. 

The HIPAA Authorization does not have to be notarized or witnessed. Also, if your child is worried about disclosure of information they’d prefer to keep private (e.g. sex, drugs, mental health) they can stipulate that they don’t want to disclose that.

 Here’s a list of HIPAA forms for each state.

2.    Health Care Proxy

Also referred to as a Health Care Power of Attorney or Durable Medical Power of Attorney, this is a legal document naming you the parent a “medical agent” for your college student. If your child becomes incapacitated, you can be informed and make medical decisions on their behalf.

This document can designate you the single point of contact and decision-maker which will enable you to work with the doctors or healthcare professionals to determine the best course of care.

If you don’t have this document in place, your child’s doctors will be the ones who make all the decisions about care — including whether or not to pursue certain procedures and options.

Like the HIPAA form, a Healthcare Proxy will be specific to the state where it will be used. Here is a list of Health Care Proxy forms by state.

3.    Power of Attorney

While the Healthcare Proxy, ormedical power of attorney, is strictly for health care choices, a Durable Power of Attorney (POA) allows your college student to give you authority to make financial/legal decisions. 

It also allows parents to make financial transactions on their student’s behalf if needed. 

If your child incapacitated, you would be able to manage bank accounts, pay bills, file taxes, apply for government benefits, manage financial aid, even break a lease.

Durable POA forms vary by state — for example, in some states the Healthcare Proxy can be included within the Durable POA. Each state has its own variations on these forms and the way they can be combined, so it’s worth looking into your own state’s laws, or consult with a local attorney who practices in this field.

Here is a list of durable Power of Attorney forms by state.

Other considerations: 

FERPA Waiver: Even if you’re paying the college bills, you don’t necessarily have the right to see your child’s education records. If you want to be sure you can access grade reports, health records and disciplinary actions, this waiver is important. The Family Educational Rights and Privacy Act (FERPA) transfers the rights of parents to the student on his or her 18th birthday or heads off to college. Each college has its own version of a FERPA Waiver — ask the college’s financial aid office about it, or you can likely find information on this via the college web site.

Health Insurance: While the Affordable Care Act (ACA) extended children’s coverage through age 26, it’s worth confirming your child is covered under your health insurance, especially if their college is out of state or in a different country.If your student is overseas, you may need to consider medical evacuation insurance.

Homeowner’s Insurance: Look into whether your homeowner’s insurance covers your child’s belongings when they’re off at college. Some policies cover a child’s property if the child is living in college housing (e.g. dorm), but if they’re off-campus or in the frat or sorority house, they may need to get renter’s insurance.

General Tips

All these forms should be on your radar, and prepared and signed before the child goes off to college. If your student is going to be out-of-state, you may need to have separate forms in place in both states.

Have your child keep a card in their wallet that notes they have the HIPAA authorization, Health Care Proxy, and POA in place, includes contact information and notes where the documents can be found. 

Finally, put a recurring alert on your summer calendar — all of these forms should be updated each year.