This time of year can be hectic in preparation for the upcoming school year – attending orientations, preparing school supplies and shopping for dorm decorations. So much goes into planning for the future! One important aspect that is often overlooked is securing power of attorney for students as they leave home for college.
Power of attorney documents designate an agent to make decisions on one’s behalf. They can be either springing or durable.
• A springing power of attorney document is activated under a certain condition, such as incapacity. It is left up to a medical professional as to when incapacity is reached.
• A durable power of attorney is simply activated once it is signed.
If the student hasn’t given their parent or another trusted adult power of attorney, that adult will not be able to visit them or access medical records in case of emergency. In the law’s eyes, once a child turns 18, no one else has the authority to make decisions for them unless specifically stated.
Without a POA in your student’s state of residence, an agent will have to get permission from court to act on behalf of the incapacitated student. This is the last thing one wants to be doing if their child is experiencing a medical emergency. Instead of comforting them at their bedside, one would have to fight for basic information regarding their condition.
There are two kinds, POA for healthcare and POA for finances and property. Healthcare POAs give the agent permission to schedule appointments, make medical decisions, visit the patient, and access their medical records. Financial POAs allow the agent to control the person’s finances, as well as their digital assets. Considering the affinity that today’s young people have for social media, it is especially important that parents have permission to access their child’s digital accounts in case of emergency.
Beyond emergencies, power of attorney documents are helpful when a student studies abroad or joins the military. A parent given power of attorney can monitor their child’s bank account, pay bills, and manage the child’s affairs while they are out of the country and may not otherwise have easy access.
Ensure your child’s safety as they leave the nest and grant yourself some peace of mind by discussing signing a POA document with them. The team at Rebecca Mason Law is happy to help make it a headache-free process. Call us at (262) 632-2899 or visit our website to get started today.