As your freshman heads off to college—moving into their dorm, meeting new friends, and starting classes—it’s a whirlwind of excitement and preparation. You’ve packed the bedding, decorated their room, and stocked them with all the essentials.
But there’s one critical step many parents overlook before sending their child off to campus: securing legal protections to safeguard their health, finances, and future.
Once your child turns 18, they are legally considered an adult. This means that—even if you’re still providing financial support—you no longer have automatic rights to access their medical information, speak with doctors on their behalf, or manage their finances.
That’s why two legal documents are essential before your student leaves for college:
Health Care Proxy
Power of Attorney
A Health Care Proxy is a legal document that lets your child appoint you (a trusted adult or adults) as their health care agents. This gives the agent authority to access HIPAA protected medical information, discuss medical conditions and make treatment decisions if your child becomes unable to do so on their own.
In New York State, the Family Health Care Decisions Act may give parents some decision-making authority without a proxy—but this only applies in New York State. If your child attends college out of state, that state’s laws will apply, and many do not offer similar protections without a signed Health Care Proxy.
Having this document ensures:
You can speak directly with your child’s doctors, campus health services, and hospitals
You can make medical decisions quickly in emergencies if your child is unable to do so for themselves
You avoid potential delays caused by privacy laws like HIPAA
A Power of Attorney (POA) allows your child to authorize you (or another trusted person) to handle financial and legal matters on their behalf. This can include:
Accessing bank accounts
Managing tuition or financial aid matters with the bursar’s office
Addressing credit card or loan issues
Signing necessary legal or housing documents
Without a Power of Attorney, you may face unnecessary hurdles if your student encounters financial or legal challenges during the school year.
As parents, we want to protect our children, even as they take their first steps into independence. A Power of Attorney and Health Care Proxy act as a safety net, ensuring you can step in when needed—whether for a medical emergency or a financial issue.
Like car or health insurance, these documents may seem unnecessary until they’re urgently needed. Taking care of them now ensures your child is prepared for any unexpected situation.
At Salenger, Sack, Kimmel & Bavaro, LLP, our experienced New York family and estate planning attorneys can prepare a customized Power of Attorney and Health Care Proxy for your college-bound child. We guide families through every step so you can feel confident your student is legally protected, whether they’re studying in-state or across the country.
📞 Call us today at 800-675-8556 or contact us online to schedule a consultation and protect your child before they leave for college.