The Forgotten Back-to-School Task: Legal Docs for Your College-Bound Teen
Opinion Advocates for ideas and draws conclusions based on the author/producer’s interpretation of facts and data.
By Alan D. Feller, Esq.
I was reading something troubling the other day: For the first time in generations, chocolate chip ice cream is no longer a top 10 selling flavor. Chocolate chip ice cream is now considered a “seasonal flavor.” The culture has moved on. I thought I was still part of the ice cream zeitgeist, not a demographic dinosaur. I was wrong. Cookies and cream continues to dominate. So does chocolate chip cookie dough. People want sweeter and sweeter—extra flavor whenever possible. I leaned the other direction. The simplicity of vanilla ice cream paired with a smattering of chocolate chips no longer resonates with Americans. Some changes I can handle, but this is going too far.
Back-to-school estate planning is one change that is long overdue. When you send your 18-year-old to college, do you realize that their adult status may preclude you from making financial or health decisions on their behalf? An 18-year-old is no longer a minor. Parents who attended universities in the ’80s and ’90s remember their parents being able to handle most issues without a fuss. In those pre-internet, pre-HIPAA days, a student’s rights were not identified or protected in the same manner that exists today. Now, university administrators and officials are supremely aware of each individual student’s legal footprint.
So how do we avoid a legal fissure separating parent and child during the college years? Simple: Create a power of attorney, health care proxy and HIPAA form with your child. These advance directives appoint agents (you) to make decisions for your children.
Health care proxies are mainly used in situations when a person cannot properly advocate for themselves. Only one parent can be a health care proxy, with the other parent designated as an alternate. A 2024 poll found that up to 38 percent of all college students suffered from an upper respiratory illness in the previous year. A similar poll showed that up to 36 percent of college students have received an anxiety diagnosis. The severity of either illness may not lead to incapacity triggering the use of a health care proxy, but you can imagine how scenarios may arise that necessitate its use. The real impact of being prepared means a parent can easily communicate with a college’s health services to ensure proper care. Documentation is always better than no documentation—and this includes the use of a HIPAA form to share medical information.
Powers of attorney for financial matters are more flexible. Your child can appoint one or both parents as their agent to handle finances, tuition and loan issues, and banking. The power of attorney goes into effect immediately upon execution and operates regardless of the creator’s capacity. Just because the law says your 18-year-old is an adult doesn’t mean they couldn’t use some parental wisdom and financial support. For students residing outside New York, it’s also helpful to be aware of that state’s laws and accepted advance directives.
Back-to-school planning is no longer just a visit to a big-box store and buying extra-long sheets. Having the right planning documents for your student can avoid problems when health care or money issues pop up far from home.
Alan D. Feller, Esq. is managing partner of The Feller Group, a law firm dedicated to the practice of elder law and estate planning, located at 625 Route 6 in Mahopac. He can be reached at afeller@thefellergroup.com. Contact the professionals at The Feller Group for more self-care ideas.
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