Protecting Your Child’s Future

As your freshman prepares to move into their college dorm and embark on an exciting new chapter, it's an emotional time for both them and you as a parent. While it’s natural to focus on the practical aspects—like setting up their bedding, arranging dorm decorations, and packing books and supplies—there’s another crucial step that often goes overlooked: securing legal protections for your newly minted adult.

When your child turns 18, they are legally considered an adult. This means that as a parent, you no longer have automatic rights or authority over them, even though they may still need your support and guidance. To ensure you can continue to assist your child as they transition into adulthood, it’s important to have them execute a Power of Attorney and Health Care Proxy before they leave for college.

The Importance of a Health Care Proxy

A Health Care Proxy is a vital document that allows your child to appoint you or another responsible adult as their health care agent. This designation enables you to discuss medical issues and make treatment decisions on their behalf if they are unable to do so. While in New York State, the Family Health Care Decisions Act may allow parents to make certain medical decisions without a proxy, however this only applies within the state. If your child is attending college out of state, the laws of that state will govern, and they may not have a similar statute. Having a Health Care Proxy in place ensures that you can communicate with campus health centers or other medical facilities, no matter where your child is studying.

Why Your Child Needs a Power of Attorney

A Power of Attorney is another essential legal document that allows your child to appoint you or another trusted adult to manage their financial matters. This includes accessing their bank accounts, handling financial aid issues, communicating with the bursar’s office on campus, and even managing credit card charges. Without a Power of Attorney, you may face significant challenges in assisting your child with these important financial responsibilities.

Don’t Overlook These Legal Protections

As parents, we naturally want to protect our children, even as they start their adult lives. Executing a Power of Attorney and Health Care Proxy may seem like a small step, but it’s a crucial one that ensures you can continue to provide the support your child needs during this transitional period. These documents act as a safety net, allowing you to step in when necessary, just as you’ve always done.

Be Prepared for the Unplanned

While it’s easy to get caught up in the excitement and logistics of sending your child off to college, don’t let these important legal steps slip by. Like insurance, these advanced directives may seem unnecessary until they are urgently needed. By taking the time to prepare now, you’ll be ensuring that your child is protected, no matter what challenges or surprises may come their way.

At Salenger, Sack, Kimmel & Bavaro, we understand the importance of protecting your family’s future. Our experienced attorneys can guide you through the process of setting up a Power of Attorney and Health Care Proxy, ensuring that your child is safeguarded as they embark on their college journey.

Contact us today to learn more about how we can help you and your family navigate this new chapter with confidence.