Current:Home > InvestGot a kid headed to college? Don't forget the power of attorney. Here's why you need it. -Nova Finance Academy
Got a kid headed to college? Don't forget the power of attorney. Here's why you need it.
View
Date:2025-04-17 15:42:40
Every incoming college kid needs linens, toiletries, books, and computers before they arrive on campus.
Every parent needs a signed power of attorney before they kiss their teen goodbye.
A power of attorney, or POA, is a legal document every parent should have their 18-year-old sign that would give the parent immediate authority to access medical and financial information and handle those issues on behalf of the teen.
Without a POA, parents may not be able to help their kids if they need help. Even if parents still view their 18-year-olds as their babies, the law sees them as adults. And under privacy laws, parents will no longer have the right to make medical or financial decisions on behalf of the teens, regardless if the parents pay tuition, carry their children on their medical insurance, or provide other financial assistance.
Sheri Warsh, trusts and estates partner at Levenfeld Pearlstein law firm in Chicago, remembers when her son was away at college and taken by ambulance to a hospital because of sharp pains.
“I called from home and said 'I need to talk to the doctor,'” she recalled. “'My son’s on the way there, and I need to know what’s going on,'" she said. "They asked, 'Is he 18?' I said, 'Yes.'"
When they asked if she had power of attorney and she answered no, they said, "We can’t talk to you."
"Since then," Warsh continued, "it’s been my mission to make sure people know how important it is.”
When does a POA come in handy?
The two major times a POA would be helpful during college years (and maybe for a while beyond) revolve around health care and financial issues.
Normally, POAs allow someone to make decisions on your behalf if you become too ill or are otherwise incapacitated and can't make those decisions on your own. But parents need these effective immediately.
◾ Medical: As a parent, you’ll want to make sure your POA has a Health Insurance Portability and Accountability Act, or HIPPA, clause that specifically covers protected health information. This information encompasses health status, provision of health care, or payment for health care that is created or collected by an entity and can be linked to a specific individual. Protected health information access will also allow you to follow up on health care items, such as transferring files or requesting copies of X-rays to at-home doctors.
◾ Financial: Allows a parent to conduct financial matters such as student loans or investment accounts, without the teen being present. It also allows parents to access a college-age child’s bank account, receive and pay tuition bills and even help resolve issues the teen could be having with an unscrupulous landlord, credit card, or cable company, Warsh said.
What is a FERPA release?
Family Educational Rights Privacy Act, or FERPA, prevents parents from accessing their teen’s education records when the kid turns 18.
Some POAs include language that includes student education information protected under the FERPA, but not all of them do. So, it’s important for families to sign the FERPA release with their child’s school to ensure parental access to grades, related financial bills, records, and even the ability to speak with teachers and counselors.
Privacy concerns:Despite federal guidance, schools cite privacy laws to withhold info about COVID-19 cases
How do you get a POA and when should it be signed?
You can see an attorney for expert advice to make sure every situation’s covered, otherwise, you can find POAs free online. They vary by state so find one for the state you and your family live in. Depending on where you live, you may need to sign before a witness or two and a notary. Warsh also recommends not waiting, either.
"Just say 'Happy birthday! Now sign this power of attorney," she said and hand it over.
For FERPA releases, ask your child’s school. Schools have them but may not emphasize or facilitate them to families, Warsh said. Some may even require you to sign a new form every semester but won’t remind you, she said. It’s up to families to keep atop the release’s effective dates.
“You have to be proactive,” Warsh said. “The schools make it very difficult because they don’t want parents involved. They don’t want to talk to you.”
Medora Lee is a money, markets, and personal finance reporter at USA TODAY. You can reach her atmjlee@usatoday.com and subscribe to our free Daily Money newsletter for personal finance tips and business news every Monday.
veryGood! (7639)
Related
- Off the Grid: Sally breaks down USA TODAY's daily crossword puzzle, Triathlon
- Detroit touts country's first wireless-charging public road for electric vehicles
- Paraguay official resigns after signing agreement with fictional country
- At climate summit, nations want more from the U.S.: 'There's just a trust deficit'
- Senate begins final push to expand Social Security benefits for millions of people
- A Students for Trump founder has been charged with assault, accused of hitting woman with gun
- RHOA's Kandi Burruss Teases Season 16 Cast Shakeup—Including the Return of One Former Costar
- Collective bargaining ban in Wisconsin under attack by unions after Supreme Court majority flips
- Who are the most valuable sports franchises? Forbes releases new list of top 50 teams
- NFL Week 13 picks: Can Cowboys stay hot against Seahawks?
Ranking
- Off the Grid: Sally breaks down USA TODAY's daily crossword puzzle, Hi Hi!
- Elon Musk says advertiser boycott at X could kill the company
- Rand Paul successfully used the Heimlich maneuver on Joni Ernst at a GOP lunch
- A Students for Trump founder has been charged with assault, accused of hitting woman with gun
- Dick Vitale announces he is cancer free: 'Santa Claus came early'
- Detroit touts country's first wireless-charging public road for electric vehicles
- A Dutch court orders Greenpeace activists to leave deep-sea mining ship in the South Pacific
- Kelsea Ballerini talks getting matching tattoos with beau Chase Stokes: 'We can't break up'
Recommendation
Bill Belichick's salary at North Carolina: School releases football coach's contract details
Rights of Dane convicted of murdering a journalist on sub were not violated in prison, court rules
Piers Morgan Says Kate Middleton, King Charles Named for Alleged Skin Color Comments to Harry, Meghan
Global climate talks begin in Dubai, with an oil executive in charge
US appeals court rejects Nasdaq’s diversity rules for company boards
Franklin Sechriest, Texas man who set fire to an Austin synagogue, sentenced to 10 years
Kelsea Ballerini talks getting matching tattoos with beau Chase Stokes: 'We can't break up'
Live updates | More Israeli hostages and Palestinian prisoners are released under truce