Kids Are Off to College: How to Support Your Child Legally After They Turn 18

It's only natural, as a parent, to protect your kids, but once your child turns 18, you lose legal access to their medical, financial, and academic records. To continue supporting them, especially in emergencies, you need their written consent. This is especially important if they’re going to college.

Many parents aren’t aware of this need, except for those with special needs children. For others, a prompt is often necessary.

Key Steps for Parents:

1. Get Consent: Obtain written consent from your child to access their records. This is crucial, when they go off to college.
2. Secure Essential Documents:
   • Durable Power of Attorney
     
   • Advanced Health Care Directive/Living Will
     
   • HIPAA Waiver
   • FERPA Waiver (optional)

Turning 18: Legal Changes and Actions:

• Legal Independence: At 18, your child can vote, be sued, take out loans, and must register for Selective Service (for males). Accounts set up for them as minors now belong to them.
• Medical Privacy: Health providers can't share your child's medical information with you without their consent. A signed HIPAA release form is necessary for access.
• Financial Support: A durable power of attorney lets you manage your child’s financial matters if they’re incapacitated.
• Academic Records: A FERPA waiver allows access to your child's educational records, but it’s optional.

Important Documents:

• Durable Power of Attorney: Enables you to manage financial affairs if your child can’t.
• Advanced Health Care Directive: Lets you make health decisions if your child is incapacitated/Living Will: Specifies your child’s wishes for medical treatment if they can’t communicate.
• HIPAA Waiver: Allows you to access your child’s health information.
• FERPA Waiver: Optional; gives access to educational records.

Your newly minted child’s adulthood brings legal changes, but having these documents signed ensures you can support them in emergencies. It also opens a discussion about future plans and responsibilities.

 As a California legal document assistant (LDA) I can assist you in preparing the above listed documents for your child.  Click through for my Young Adult Powers of Attorney Package $75. Personalized service to help you secure the documents you'll need to assist your child in an emergency.