There’s a popular belief that parenting duties end when a child turns 18. Legally, a parent’s abilities to make medical and financial decisions for their progeny end at this pivotal point, granted their child has not specifically provided written consent to allow otherwise. This impediment extends to limiting parents’ legal access to their children’s educational, medical, and financial information, a fact that could prove to be an obstacle in times of emergencies. This topic has been extensively discussed by Warner Norcross + Judd in their recent publication on JD Supra.
In this legal landscape, it is critical for parents of college-aged children to ensure that certain planning documents are in place. These papers include health care directives, durable power of attorney for health care, financial power of attorney, and the family educational rights and privacy act (FERPA) waivers.
-
Health Care Directives: A health care directive outlines an individual’s wishes regarding medical treatment if they become unable to express informed consent. This document can also authorize another person to make decisions on the patient’s behalf in case of incapacity.
-
Durable Power of Attorney for Health Care: This document provides the named agent with the power and authority to make healthcare decisions on behalf of the person in the event of incapacity. Unlike a health care directive, this document imposes no limitations on the types of decisions that can be made.
-
Financial Power of Attorney: With a financial power of attorney, a trusted individual can manage a person’s financial affairs if they are unable to do so.
-
FamIly Education Rights and Privacy Act (FERPA) Waivers: FERPA protects the privacy of a student’s education records. With a signed waiver, parents can gain access to this information.
It is crucial to consult with a knowledgeable attorney to determine which legal documents are necessary to secure and protect the interests of every party in a family. The consistent changes and updates to legal requirements necessitate this check, and ensures a full spectrum of security for both parents and children navigating the adult transitions.