Back-to-school season is here, and I have several friends sending kids off to college for the first time. (Shoutout to Addie at Oklahoma State, Hudson, McKinley, and Katie at Texas Tech, and Layni at Yale!) Certainly, the college prep checklist is full of various items to purchase and consider. Many college students and parents overlook one key item: Having legal documents in place.
Photo by Dom Fou
Every legal adult (meaning, anyone over the age of 18 years old) should have the following legal documents in place: Power of attorney, medical power of attorney, HIPAA disclosure authorization, advanced healthcare directive, and a will.
Once children reach 18 years of age, their parents are no longer able to automatically make medical or financial decisions on behalf of the child. Similarly, parents are not privy to medical information about the child. Assume the child is in an accident while at school. Without a HIPAA disclosure authorization, the parents likely cannot obtain information about their child’s medical condition. Similarly, without a medical power of attorney or a financial power of attorney, the parents may be forced to spend time and money on a court proceeding to be named guardians in order to make decisions for their incapacitated child.
Taking the time to draft these simple documents can help alleviate these concerns.
Power of Attorney. A power of attorney allows the signor (the college student) to appoint an agent to act on his or her behalf with regard to financial affairs. The power of attorney may be general (meaning that the POA becomes effective immediately upon signing) or springing (which means that the POA is not effective until a future event or date–usually the event that the signor is declared incapacitated by a doctor). This document allows an appointed agent to do things like pay bills, manage bank accounts, and deal with real estate issues. Several states, including Texas, have a statutory fill-in-the-blank for that may be used to appoint a power of attorney. Powers of attorney are governed by the Texas Estates Code Chapter 752. The form itself may be found here. The power of attorney must be signed before a notary.
Medical Power of Attorney. A medical power of attorney allows an adult (the college student) to appoint an agent to make decisions in the event the signor is unable to make decisions. This form allows the appointed agent to make medical decisions for the signor. Many states, including Texas, offer a statutory form that merely requires the student filling in the blanks and properly executing with either witnesses or a notary. In Texas, medical powers of attorney are governed by Health and Safety Code Chapter 166.151 – 166.166. The form itself may be found here and must be either notarized or signed before two witnesses.
HIPAA Disclosure Authorization. The “Healthcare Insurance Portability and Accountability Act” signed in 1996 was designed the protect a person’s private healthcare information from disclosure. Generally, this is a positive, but it can be problematic in the event that an adult child is incapacitated and the parents are unable to obtain information about the care or condition of their loved one. A simple form can help alleviate this issue. The Texas Attorney General’s Office has published a form that may be used to authorize the disclosure of medical information to certain persons. It may be found here.
Advanced Healthcare Directive. An advance healthcare directive provides an instruction to one’s doctor about whether they want artificial life sustaining treatment should they be diagnosed as terminal or irreversible. Certainly, we hope this is never needed for a college student. If, however, this situation should arise, having this form completed can provide clear guidance to the family about the college student’s wishes. Many states, including Texas, offer a fill-in-the-blank advanced healthcare directive form. The Texas form is available here and is governed by the Advanced Directives Act, Section 166.033 of the Texas Health and Safety Code.
Will. Again, thankfully, most college students will never need this document. However, every adult should have a validly drafted will in place. In the event of a death, having a will can greatly simply the legal issues and process for surviving loved ones. There is not a statutory form will, and I always advise to consult an attorney licensed in your jurisdiction to draft a valid will.
Once executed, copies of these documents should be kept by the signor, appointed agents, and any health care professionals seen by the signor. Usually, for college students, a copy should be kept by the student, parents, and primary care physician.
Here’s wishing everyone a great school year!
