Yes, You Should Have Powers of Attorney for Your College Student

As students enter college this fall, there are some unique challenges in store. Going to college during a pandemic adds some interesting obstacles to jump through. Shopping for school supplies, dorm room décor, and helping them all move in while social distancing and keeping them safe. However, you are missing one of the most important, not so obvious, items: Having your child sign durable powers of attorney.

Why now?

Power of Attorney for Health Care Decisions

This is a document that states the individual’s desires concerning health care treatment. This includes “heroic” measures such as artificial nutrition, hydration, and resuscitation, if a qualified physician determines that the individual is either in a “terminal” medical condition or unlikely to regain consciousness.

The document also assigns one or more agents who are authorized to consent to health care measures. These agents can also access the individual’s medical records and speak with the medical providers. This often gives a parent peace-of -mind if something should happen to his or her adult child at school.

Power of Attorney for Financial Matters

It designates one or more individuals to have broad powers relative to financial, business and other transactions. These durable powers of attorney for college-age children are immediately effective. The adult child designates a parent or other trusted individual as the “attorney-in-fact” to make financial and related decisions on his or her behalf, pay bills and deal with landlords. A durable power of attorney that is effective immediately can also allow a parent to access the adult child’s college financial records and manage student loans.

Things you and your child should consider

Before signing a power of attorney, think about what responsibilities the power of attorney will hold and what circumstances power of attorney would need.



• If your child experiences an illness or disability that may prevent him or her from being capable of making certain legal or financial decisions, a power of attorney can enable you to continue to look out for your child.

• Perhaps your near college student had a small business that they began in their earlier teen years. A power of attorney would be able to keep your child's business running efficiently even when your child isn't around to manage day-to-day decisions.

• If the worst should un-expectantly happen to your child while at school, studying abroad or while traveling, a power of attorney can allow you to make healthcare decisions for your child.

Important Considerations

Although you may have a power of attorney, there are important things to note that can occur often after a power of attorney document is signed.

• Update Yearly. Plan to have your adult child re-sign and re-execute these documents yearly. This is especially important for Powers of Attorney. The institutions where you would be most likely to need these documents may refuse to honor them if they perceive them to be outdated.



• These documents can be revoked at any time by your adult child either orally or in writing. Your adult child ultimately retains control of the ongoing validity of these documents, With that said, it is essential to maintain a trusting relationship with your child so he/she recognizes the benefit of giving you the access and control that these documents afford.

• Be prepared if the student is out of state. For adult children attending college at an out-of-state university, parents will want to execute separate documents in both the student’s home state and college state. 

Other Documents

While a power of attorney is important, you can contact your estate plan lawyer to ask about documents such as a living will, HIPAA, and FERPA releases. Living will grants authorization to the parent or trusted individual to terminate life supported by the criteria the student sets in the document. HIPAA gives permission to the parent or trusted individual to contact and communicate with any medical specialist without privacy issues. This does not give as much power as a Health Care Power of Attorney.



Additionally, FERPA stands for the Family Educational Rights and Privacy Act. It is a form that gives parents the right to inquire and view the student’s education records that may be protected otherwise. Many universities will have their own version of this form available in administration offices.



There is never a better time to sign durable powers of attorney than right now — well before they are ever needed or the unexpected takes place. It is always best to prepare for the worst and not be lost throughout the process. While this is always true, the continued presence of COVID-19 makes it more relevant than ever. Preparation is key, especially if your child is all the way at school and you are not able to be there in person.

Interested in Working With Us?

If you need any help regarding your business or other legal matters please reach out to us directly here and schedule a call with one of our paralegals on our scheduling page here.