College Prep: The Legal Trifecta

Answer: This question hits close to home for me in a good way. This fall, our grandson is heading off to college to continue his education and pursue his passion as a baseball pitcher. Like many families, we've talked about academics, finances, time management, nutrition, safety, and the responsibilities that come with living on his own.

But there's one important conversation that often gets overlooked when young adults leave for college: What happens if an emergency occurs after they turn 18?

Many parents and grandparents are surprised to learn that once a child reaches age 18, they’re legally considered an adult. While that milestone brings independence and responsibility, it also changes the legal rights of family members.

Even if you're helping pay tuition, covering insurance premiums, or providing financial support, you generally no longer have automatic access to your child's medical records or the authority to make healthcare or financial decisions on their behalf. In an emergency, that can create unexpected challenges. Whether your student is attending school across the state or across the country, having a few basic legal documents in place before move-in day can make a difficult situation much easier to navigate. We like to call these documents the legal trifecta.

Healthcare Power of Attorney

This document allows your child or grandchild to designate someone they trust to make medical decisions if they become unable to do so themselves because of an accident, illness, or other medical emergency.

Without this document, medical providers may have limited ability to work directly with family members regarding treatment decisions. Many parents are surprised to discover that being a parent alone does not automatically give them decision-making authority once their child becomes a legal adult.

For college students, especially athletes who travel frequently and spend much of the year away from home, this document can be invaluable. No one expects a medical emergency, but it's far better to be prepared than caught off guard.

Durable Financial Power of Attorney

A Durable Financial Power of Attorney allows a student to appoint someone to handle financial matters if they become incapacitated. Most college students don't have complicated financial lives, but they often have bank accounts, credit cards, leases, student loans, insurance policies, or other financial obligations.

If a student is unable to manage those responsibilities due to a medical emergency, someone may need authority to pay bills, file insurance claims, or handle banking matters. Without this document, family members could face a lengthy court process before they can step in and help.

HIPAA Authorization

HIPAA privacy laws are designed to protect personal medical information, which is important. However, those same protections can become frustrating during a crisis. A HIPAA Authorization allows your child to specify who can receive medical information and communicate with healthcare providers. Without it, hospitals and physicians may be limited in what they can share with parents or grandparents. Having this form completed ahead of time can prevent confusion and delays when communication matters most.

Understandably, these conversations aren’t always easy. Most 18-year-olds feel invincible. They're focused on classes, sports, friendships, and enjoying their newfound independence. Legal documents are probably the last thing on their minds. That's why I encourage families to frame the discussion in a positive way.

These documents aren’t about expecting something bad to happen. They're about being prepared if something unexpected does happen. We purchase auto insurance and homeowners’ insurance hoping we'll never need them. The legal trifecta serves the same purpose. Ideally, these documents will sit quietly in a file drawer and never be used. But if a crisis arises, you'll be grateful they're in place.

As I look forward to watching our grandson take the field this season, there's comfort in knowing he's prepared for more than just classes and baseball. Being ready for adulthood also means having a few important safeguards in place.

College is one of life's most exciting transitions. Helping young adults put these documents in order is another way we can support them as they step confidently into the next stage of life. A few hours spent addressing these matters today could save a family a great deal of stress and uncertainty tomorrow.

Before your student heads off to college, consider putting the legal trifecta in place: a Healthcare Power of Attorney, a Durable Financial Power of Attorney, and a HIPAA Authorization. These simple documents can help ensure that trusted individuals can step in and assist when it matters most. Stay focused and plan accordingly.