Protecting Your College Student’s Future with Legal Expertise by Deborah A. Stewart, Esq. The Stewart Law Practice, PC

Navigating the journey to college can be both exciting and overwhelming, especially when considering the new legal responsibilities that come with adulthood. In this article, I will discuss essential legal preparations that can safeguard your college-bound child's future. As children turn 18, they are legally recognized as adults, and parents may find themselves excluded from critical decisions without the right legal documentation in place.

A financial power of attorney is a legal document which allows parents to manage their child's banking accounts, student financial aid, and other financial matters. Once a child turns 18, parents no longer have automatic access to their child’s finances. Imagine trying to assist your child with tuition payments, financial aid issues, or even something as simple as getting a new debit card, only to be told by the bank that you lack the authority to do so. A financial power of attorney resolves this by legally designating parents or trusted individuals to act on behalf of the student in financial matters.

Equally important is the advanced directive, which addresses healthcare needs. This document ensures that parents can access their child's medical information and make healthcare decisions in emergencies. Without an advanced directive, medical institutions are bound by privacy laws and may refuse to share information or allow parental intervention. Having an advanced directive in place can make a significant difference, such as during medical emergencies or when negotiating with healthcare providers. The advanced directive grants parents the legal right to be informed and involved in their child's healthcare, providing peace of mind in unforeseen circumstances.

It is important to have proactive discussions with young adults about these legal documents. The transition to college is a critical period where students start to experience independence, yet they still rely on parental support. Engaging in conversations about powers of attorney and advanced directives helps students understand the benefits and the protection these documents offer. Parents should approach these discussions collaboratively, ensuring that young adults recognize that these measures are in place for their safety and well-being, not as a means of control.

Many education institutions do not inform students and parents about the necessity of powers of attorney and advanced directives, leaving families unprepared. Advocating for increased awareness and education on this topic, I encourage parents to take the initiative to educate themselves and their children. By doing so, they can avoid the reactive scenarios where legal documentation is required urgently, often during stressful situations.

While the foundational elements of powers of attorney and advanced directives are generally consistent, legal requirements such as execution and witnessing requirements may differ across different states. For instance, a power of attorney drafted in Georgia may have different stipulations than one in New York. I recommend that parents consult with an attorney in the state where their child will be attending college to ensure that the documents are compliant and effective. This step is crucial for ensuring that the legal protections are valid and enforceable across state lines.

Typically, powers of attorney and advanced directives do not have an expiration date; they are designed to remain effective until explicitly revoked. This flexibility allows young adults to amend or revoke the documents if their circumstances change or if they wish to designate a different agent. Understanding this aspect can help alleviate concerns about privacy and control, as students can be assured that they maintain ultimate authority over these legal tools.

By obtaining a financial power of attorney and an advanced directive, parents can ensure that they are equipped to support their children through financial and medical challenges that may arise during their college years. Taking these legal steps not only protects the student's future but also provides peace of mind for the entire family.

Learn more: www.thestewartlawpractice.com