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Four years ago, when my daughter, Alana, left for her first year at Ohio University, we had the usual move-in-day checklist: clothes, bedding, school supplies, dorm essentials and probably more stuff than could reasonably fit into one dorm room.
But there was one item on my checklist that had nothing to do with her dorm.
Power of attorney documents.
Once we arrived on campus, I had my daughter’s roommate and her roommate’s mother witness her POA documents. It might sound like an unusual move-in-day activity, but it was important to me that we had these documents addressed as she began this new chapter of adulthood.
When a child turns 18, parents need to recognize something that can be easy to overlook: your child is now legally an adult. Heading off to college doesn’t change that, even if Mom and Dad are still paying tuition, providing health insurance, or helping financially.
Unfortunately, there are real situations where a young adult leaves for college and is seriously injured in an accident, becomes critically ill, is hospitalized, or even worse: suffers a drug or alcohol overdose. Once your child is a legal adult, being their parent does not automatically give you unlimited access to their medical information or the authority to make health care decisions on their behalf. HIPAA permits health care providers to share certain information with family members in some emergencies, but without the appropriate authorizations and health care documents in place, parents may find themselves unable to get all the information they need or advocate for their child in the way they expected. The middle of a medical crisis is the last time you want to discover that a few documents completed beforehand could have made a difficult situation easier to navigate.
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That’s why college preparation can be a good time for families to discuss several important documents, including:
- Durable Power of Attorney – Allows your student to designate someone they trust to handle certain financial and legal matters.
- Digital Asset Authorization – Consider including language in your student’s Power of Attorney that gives a trusted person appropriate authority to access or manage certain digital assets, such as online accounts, email, cloud storage, and other electronic information, if the need arises.
- Health Care Power of Attorney – Allows your student to designate someone to make health care decisions if they become unable to make those decisions themselves.
- HIPAA Authorization – Can provide permission for designated individuals to receive certain protected medical information.
Ohio provides a statutory financial Power of Attorney form in the Ohio Revised Code. Families can review and access it through the State of Ohio’s official website here:Ohio Statutory Power of Attorney Form. There is a Durable Health Care Power of Attorney that can be found here: State of Ohio Health Care Power of Attorney
Each state has its own legal documents, if you are not in Ohio, you can visit your state’s government website or check with your attorney.
Sending a child to college is about helping them become independent. Preparing these documents isn’t about holding on to control, it’s about making sure someone they trust can step in if the unexpected happens.
So while you’re buying sheets, packing the car, and making that final Target run, consider adding one more conversation to your college checklist.
Because preparing your child for adulthood means preparing for the things none of us expect, too.
Power of attorney and health care documents have important legal consequences and requirements. Families should consult with an attorney regarding their individual circumstances before executing these documents. If you live outside of Ohio, or your child attends school in a different state, be sure to review that state’s specific requirements and consult with a qualified attorney to ensure the appropriate documents are properly prepared and executed.
One important accuracy point: Ohio's financial/statutory POA and Health Care POA are separate. Ohio law provides the statutory financial POA at the link above, while Ohio has separate provisions governing a durable power of attorney for health care. (Ohio Laws)
While my daughter may have rolled her eyes at her mom’s overly cautious legal planning, I drove away from Ohio University that day feeling a little more at ease. My Bobcat was officially off on her own, and I had the peace of mind of knowing we had taken one more important step to prepare for the unexpected. Those four years of college will fly by, but the five minutes you spend putting the right legal documents in place before they begin, can provide peace of mind long after move-in day.
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Irene Zurowski, CFP®, CRPS®
Financial Advisor
Registered Representative offering securities and advisory services through Cetera Advisors LLC, member FINRA, SIPC, a broker/dealer and a registered investment adviser. Cetera is under separate ownership from any other named entity. 2006 4th Street, Cuyahoga Falls, OH 44221Üetera Advisors LLC exclusively provides investment products and services through its representatives. Although Cetera does not provide tax or legal advice, or supervise tax, accounting or legal services, Cetera representatives may offer these services through their independent outside business. This information is not intended as tax or legal advice.
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