5 Legal Documents Every College Student Needs

Freshman year of college marks a major milestone in a child’s and their family’s life. It represents growth, new opportunities, and independence. What is less commonly considered are the legal implications that accompany this transition. Once your child turns 18, they are of the age of majority and legally considered an adult. This restricts parents’ ability to access medical, financial and academic information – even when emergencies erupt.  

To safeguard students and to give their families peace of mind, certain legal documents should be executed once they reach the age of majority, and especially before they leave for the academic year.

1. Advance Directive for Health Care or Living Will

An advance directive for healthcare, better known as a “living will” authorizes a designated individual or “healthcare agent,” typically a parent or spouse, to make medical decisions on one’s behalf should they become unable to do so. The document typically outlines one’s wishes for life sustaining treatment and allows for successor agents or backups to be designated to make medical decisions should the original person designated be unavailable.

2. HIPAA Authorization

The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of medical records. By executing a HIPAA Authorization, one grants permission for their health care providers to disclose medical information to designated individuals. This authorization outright ensures that parents can communicate with physicians and access vital information. This document goes hand in hand with a living will. A living will allows one to make decisions, and the HIPAA Authorization allows one to stay up to date with appointments and treatment.

3. Durable Power of Attorney

A durable power of attorney allows a designated agent to act on the person’s behalf in financial and legal matters. This can include managing bank accounts, signing housing agreements, addressing tuition or loan issues and other financial concerns. Unlike a living will, a durable power of attorney takes effect once signed.

4. FERPA Release

The Family Educational Rights and Privacy Act (FERPA) restricts access to a student’s educational records once they reach the age of majority, regardless of who is paying for that student’s tuition. Without a FERPA Release, parents are unable to review grades, transcripts, or other academic information.

5. Last Will & Testament (Optional)

Although it may seem premature, a simple last will and testament can provide peace of mind and reduce administrative burdens should the unexpected occur. It allows a student to name who should receive personal property such as vehicles, savings, or electronics.  

Preparation is key.

Emergencies are, by nature, unpredictable. Establishing these legal documents in advance provides assurance that parents will have the authority to assist their child when it matters most. Without planning, families may face delays, legal barriers, extra costs and unnecessary complications during already stressful situations.

The attorneys at Bloom Peters routinely prepare these essential documents for students and their families. If your child is preparing to leave for college, or is attending without these documents, we encourage you to schedule a consultation to ensure that the appropriate legal protections are in place. To schedule today, click here.