Consider Packing a Legal Safety Net Before Students Leave for College

by Bill Cass of Franklin Templeton, 8/30/24

Packing for college is already underway in many homes as summer vacation winds down. While laptops, clothes and room furnishings are clearly priorities for many students, families need to know about legal documents they can put in place before students head off to school.

Be prepared

Parents may want to prepare a health care proxy for their child to help them in case of an emergency away from home. Without certain documents, parents could face obstacles when requesting medical information, offering help or making medical decisions.

Designating a health care proxy

For students under the age of 18, a health care provider can release medical records and share information with parents. But once children reach 18, they are entitled to medical record and financial privacy. Doctors cannot share information without permission because of the federal Health Insurance Portability and Accountability Act (HIPAA). If families prepare the proper documents ahead of time, they can receive medical information. This would allow them to learn about their child’s medical condition, access their records and make decisions for them if needed.

With a health care proxy, a child can designate a parent as an agent or proxy. Numerous resources explain the process of selecting a proxy. See a state-by-state listing at https://www.everplans.com/articles/state-by-state-advance-directive-forms.

If a child is unable to make decisions, the proxy may get information about the child’s condition, discuss options, express their wishes and make treatment decisions. A living will is often paired with the health care proxy, and signed at the same time, to help guide the proxy. This document allows the student to discuss their wishes regarding the use of various types of medical treatments to extend life.

For many states, there is conformity among these forms, meaning that executing a health care proxy in one state will apply to another. But there can be differences between the states. For parents of students attending college out of state, it is important to seek advice on the correct documents to use. Up-to-date versions of these documents by state can be downloaded at no cost at caringinfo.org, a program of the nonprofit National Hospice and Palliative Care Organization. Families may also want to consult with an attorney to ensure that important variables and considerations are addressed.

HIPAA medical release

When patients visit a doctor or hospital, they are often asked to sign a HIPAA form, allowing medical information to be shared with a designated person. Typically, these forms are signed at the treating facility. However, documents prepared in advance should include language that will allow the designated agent to receive medical information in compliance with HIPAA regulations.

Durable power of attorney

Parents and students may also want to consider a durable power of attorney. This document authorizes an agent (the parent) to manage finances and sign legal documents on behalf of the patient if they are incapacitated. The power of attorney allows parents to sign documents, access bank accounts and manage their accounts.

A student may have opted to stay on the family health insurance plan rather than enroll in school-sponsored coverage. But enrollment in the family’s insurance plan does not preclude the child’s right to privacy. Without a health care proxy, parents are not entitled to medical information about an adult child.