Sending Your Student Off to College? Don’t Forget These Legal Documents
Dorm shopping lists are everywhere during the summer months — bedding, a laptop, a meal plan, maybe a mini fridge. But one item that rarely makes the list, and probably should, is a power of attorney.
Once your child turns 18, they’re a legal adult. That’s a milestone worth celebrating, but it also changes what a parent or legal guardian can and can’t do on their behalf. Whether your student is heading to campus for the first time or returning for another year, it’s worth understanding these restrictions before you’re in a situation where you need to act quickly. Situations like these are one of the reasons we established our relationship with JM Law, PLLC, a dedicated estate planning law firm created to serve Cassaday & Company clients and their families. Through this partnership, estate planning stays part of your ongoing financial plan, not a separate, one-time task. That’s especially valuable at moments like this, when a family legal needs shift.
To assist with back-to-school planning, JM Law, PLLC, put together a checklist to help take some of the guesswork out of this stage of life. This article explains what a power of attorney covers, what other documents your adult student needs alongside it, and how to get everything sorted before move-in day.
What a power of attorney does for your college student
A General Durable Financial Power of Attorney (POA) authorizes a designated person, usually a parent or legal guardian, to manage financial matters on a young adult’s behalf.
A power of attorney covers everyday situations, like signing financial documents, managing a bank account, or handling paperwork that requires an adult signature. It also covers less routine moments, such as a semester abroad when your student needs financial help from home, or a health issue that leaves them unable to manage their own accounts.
Without it, you have no legal standing to act, regardless of how close your relationship is or how financially dependent they still are on you.
Why a power of attorney alone isn’t enough
A financial power of attorney covers money and legal matters, but it does not cover healthcare. For that, your student needs two separate documents.
A Healthcare Power of Attorney names the person who can make medical decisions on their behalf if they’re unable to do so themselves. If your student is in an accident or otherwise incapacitated, this document authorizes you to engage with their medical team and make decisions on their behalf.
A HIPAA Authorization is different from the Healthcare POA, but equally important. This document specifically authorizes healthcare providers to share your student’s medical information with the people they’ve named. Without it, a doctor or hospital cannot legally discuss your child’s condition with you, even in a non-emergency situation or if they are on your insurance.
These two documents serve different functions and are often confused for one another, but most families need both.
The document most people forget: FERPA
While HIPAA governs medical information, the Family Educational Rights and Privacy Act, or FERPA, governs educational records, and it’s a separate law with a separate form.
Once your student enrolls at a university, FERPA gives them full control over their academic and financial aid records. The school cannot share grades, financial aid information, or academic standing with you without your student’s written authorization, regardless of who is paying tuition.
A FERPA waiver, signed by your student, gives you access to those records. It doesn’t override their privacy or decision-making; it simply keeps you in the loop on the information you may need to support them. This is often the document families realize they need only after the fact.
What about a living will?
A living will records your student’s own wishes about medical care in serious situations. Having one in place means their wishes are documented and honored, and it removes a difficult burden from family members should the need ever arise. It’s a brief document, and one of the most meaningful things a young adult can do to make their own values known.
Putting it all together
The four documents every college student and young adult should have are:
- General Durable Financial Power of Attorney
- Healthcare Power of Attorney
- HIPAA Authorization
- Living Will
For college students, a FERPA waiver rounds out the package. None of these documents limit your student’s independence. Instead, they give your family the legal ability to show up when it counts.
A checklist for the road ahead
To help you keep track of everything that comes with sending your child off to college, JM Law, PLLC, created the checklist below. Download it, print it, and use it as a starting point for conversations with your student before they head to campus.
Download the Young Adulthood Checklist here.
The checklist covers:
- Learning important life skills like budgeting, filing taxes, and paying bills
- Managing finances by opening a bank account, building credit, and starting a retirement account
- Understanding available housing options
- Registering to vote
- Making sure they have the right insurance coverage
- Meeting with an estate planning attorney to put the four foundational documents in place
How Cassaday & Company and JM Law can help
At Cassaday & Company, helping clients plan for life’s transitions — from a child heading off to college to any major shift that reshapes your family’s financial picture — is central to our approach to comprehensive financial planning and wealth management.
If you’re already a Cassaday & Company client, reach out to your advisory team to talk through your student’s plan and how it fits into your family’s broader financial picture.
If you’re new to Cassaday & Company, contact us to schedule a conversation about your family’s financial and estate planning goals.
JM Law, PLLC materials are for general informational purposes only. Educational material does not create an attorney-client relationship and is not an offer to represent you. You should not act or refrain from acting based on information provided.