Sending your child off to college is an emotional milestone. Between buying dorm essentials and planning farewell dinners, it is easy to overlook one important area: legal planning. As your child transitions into adulthood, you lose many of the automatic rights you once had as a parent. To continue supporting them in meaningful ways, especially in emergencies, you need the proper legal documents in place.
In Massachusetts, estate planning is not just for older adults. It is also essential for young adults, including college students.
Turning 18 Changes Everything
In Massachusetts, turning 18 is more than just a birthday. It marks the legal beginning of adulthood. Once your child is legally an adult, you no longer have the authority to access their medical records, make health care decisions, or handle financial matters on their behalf without their consent.
This is due in part to federal laws like the Health Insurance Portability and Accountability Act (HIPAA), which protects the privacy of personal health information. Even if your child is still covered under your health insurance or you are paying their tuition, the law treats them as independent adults in the eyes of hospitals, banks, and universities.
Health Care Proxy: Essential for Medical Decisions
A Health Care Proxy is a legal document that allows your child to appoint someone, typically a parent or trusted adult, to make medical decisions on their behalf if they become unable to do so. Under Massachusetts law, every competent adult can designate a Health Care Agent through this document.
This becomes critical in emergencies. If your child is unconscious or seriously ill, medical providers are legally prohibited from sharing information with you unless you have a valid Health Care Proxy. Having this document in place ensures you can access updates, speak to doctors, and make informed decisions quickly.
Power of Attorney: Managing Day-to-Day Matters
A Power of Attorney is equally important. This document lets your child designate someone to manage financial or legal matters on their behalf. That includes signing leases, accessing bank accounts, handling student loan paperwork, or dealing with insurance companies.
Without a Power of Attorney, you may face roadblocks in assisting your child with everyday responsibilities, especially if they are studying out of state or overseas. A Power of Attorney can be tailored to activate immediately or only under specific conditions. It can also be revoked at any time.
What Happens Without These Documents?
Without a Health Care Proxy or Power of Attorney, you may have to go to court to be appointed as your child’s legal guardian if they become incapacitated. This process can be time-consuming, costly, and emotionally draining, especially during a medical emergency when every minute counts.
In less urgent situations, banks, landlords, or universities may refuse to speak with you due to privacy restrictions, even if your intentions are to help.
Taking the Next Step: Easy to Set Up, Critical to Have
Fortunately, putting these documents in place is simple and affordable. At our Massachusetts estate planning firm, we regularly assist families in preparing Health Care Proxies and Powers of Attorney for young adults. These documents can often be completed in a single meeting, and in some cases, they can even be handled virtually.
Estate planning for college students is one of the most proactive steps you can take to protect your child and maintain your ability to help them as they navigate early adulthood.
Ready to Act Before Move-In Day?
Before your child leaves for school, take the time to prepare the right legal documents. It is a simple step that can prevent stress and uncertainty when it matters most.
Contact our office today to schedule a consultation and ensure your family is fully prepared for this exciting new chapter.
