by James Drennan, Associate Attorney, Senior Edge Legal, Boise, Idaho
Sending a child off to college can be nerve wracking for parents and children. How will the young college student adjust? Will he or she react well to the independence of life away from home? Will they study enough? Will they choose a course of study that will allow them to compete in a crowded job market after graduation? Some of these concerns, if not most, can only be addressed by your college student alone. But there is good news too, because there are issues that a concerned parent or grandparent can address ahead of time.
Here are some areas where proactive parents can plan ahead for their college student:
- Health Care Power of Attorney
- Financial Power of Attorney
- Parental Health Care Consent
- Child’s Medical History
Health Care Power of Attorney
A health care power of attorney is a legal document giving someone the authority to make health care decisions for another person. This authority is typically only exercised when a person is incapacitated and cannot make decisions for themselves, such as after an accident. In the context of sending a child to college, a health care power of attorney signed by a student who is at least 18 years of age (a legal adult) can give parents the authority to direct medical providers what to do during a medical emergency. Without a health care power of attorney, valuable time may be lost during an emergency when every moment counts.
Financial Power of Attorney
A financial power of attorney is a legal document giving someone the authority to make financial decisions for another person, including writing checks and paying bills. If your college student never signs a durable financial power of attorney but has an accident, it will take a court order to get someone else to manage their living expenses. Parents only have the legal right to make financial decisions for their adult college student if the student previously signed a power of attorney granting them the authority.
Parental Health Care Consent
A new law in Idaho this year requires parental consent for all medical services given to youth under 18*. Since the law took effect on July 1, 2024, healthcare providers cannot treat youth aged 14 – 18 without parental consent (unless the child is legally emancipated) so the parents of any college student under age 18 need to give prior consent. Watch carefully for any consent forms the college may send and ask your child to check their email for these forms.
Child’s Medical History
One more thing that parents can do for their college student is to provide easy access to the child’s immunization records, prescriptions, pediatric medical history, and health insurance cards. Sharing this information could be as simple as creating an online digital documents folder for your child. College students are rarely without a phone and internet access so the digital documents will be accessible to your child if he or she has an accident at an inconvenient hour of the day (or night).
You can find free forms such as a Durable Power of Attorney for Health Care and an Enhanced Durable Power of Attorney for finances on the Senior Edge Legal website under the Free Legal Information page. Concerned parents, grandparents, and seniors can call to schedule a meeting with an estate planning attorney to discuss these and related issues by calling us at (208) 344-0375. Take proactive steps now to gain peace of mind and create a safety net for your loved ones.
*See Idaho Code § 32-1015
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