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Heading off to college is an exciting time filled with new experiences, personal growth, and academic challenges. But amidst the whirlwind of dorm room decorating and class scheduling, it’s important not to overlook a crucial aspect of preparation: legal documents.

While college students may feel young and invincible, having a few key legal documents in place can provide peace of mind and ensure you’re protected in case of unexpected emergencies. At Davidek Law Firm, we understand the unique needs of young adults venturing out on their own. We’ve put together this guide to help you and your parents understand the most important legal documents every college student should have.

 

Medical Power of Attorney

A Medical Power of Attorney (MPOA) is a crucial legal document for college students, especially those living away from home. It designates a trusted individual, known as your healthcare agent, to make medical decisions on your behalf if you are unable to do so due to illness or injury. This could include anything from consenting to surgery to deciding on life support.

Why is an MPOA important for college students?

  • Emergencies: College life often involves new experiences and potential risks. Accidents can happen, and illnesses can arise unexpectedly. An MPOA ensures that your wishes are respected and that you receive the necessary medical care in an emergency situation.
  • Peace of Mind: Having an MPOA in place provides peace of mind for both you and your family. Knowing that your medical decisions are covered in case of an emergency allows you to focus on your studies and enjoy your college experience.

Choosing Your Healthcare Agent:

  • Trust and Understanding: Select someone you trust implicitly and who understands your values and medical preferences. This could be a parent, sibling, close friend, or another trusted adult.
  • Communication: Discuss your healthcare wishes with your chosen agent. Share your views on end-of-life care, organ donation, and any specific medical conditions or treatments you may have.
  • Consider Practical Factors: Choose someone who is readily available and able to make important decisions in a timely manner. If your parents live far away, consider designating a local friend or relative as your healthcare agent.

Key Points to Remember:

  • State-Specific Requirements: MPOA laws vary by state. Ensure that the document you create complies with the specific requirements of your state of residence.
  • Review and Update: Life circumstances change. Review your MPOA regularly and update it as needed, especially after significant life events such as marriage, divorce, or the birth of a child.
  • Consult with an Attorney: An experienced estate planning attorney can help you create a legally sound and comprehensive MPOA that meets your individual needs and preferences.

By taking the time to create a Medical Power of Attorney, you are taking an essential step in protecting your health and well-being during your college years and beyond.

 

HIPAA Release 

The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of your medical information. This means that your doctors and other healthcare providers are legally obligated to keep your medical records confidential. However, there are situations where you may want to authorize the release of your medical information to others, such as your parents or guardians.

A HIPAA release is a written document that allows you to specifically authorize the release of your protected health information to designated individuals or entities. This could include:

  • Parents or Guardians: This is particularly important for college students, as it allows parents to stay informed about their child’s health and be involved in their medical care if necessary.
  • Other Family Members: You may choose to authorize the release of information to other family members, such as siblings or grandparents.
  • Other Healthcare Providers: If you see multiple healthcare providers, a HIPAA release can allow them to communicate and coordinate your care.

Benefits of a HIPAA Release:

  • Improved Communication: A HIPAA release facilitates better communication between you, your healthcare providers, and your family members. This can lead to improved coordination of care and better health outcomes.
  • Peace of Mind: Knowing that your parents or other trusted individuals have access to your medical information can provide you with peace of mind, especially in emergency situations.
  • Empowerment: A HIPAA release allows you to control who can access your medical information and to what extent.

Important Considerations:

  • Specificity: Be specific about the information you are authorizing to be released and the individuals or entities that are authorized to receive it.
  • Time Limits: You can specify a time limit for releasing information.
  • Revocability: You have the right to revoke a HIPAA release at any time.

By understanding HIPAA and obtaining a HIPAA release when appropriate, you can ensure that your medical information is protected while also allowing your loved ones to be involved in your care if needed.

Financial Power of Attorney

A Financial Power of Attorney (FPOA) is a legal document that grants someone you trust, known as your agent or attorney-in-fact, the authority to manage your financial affairs if you cannot do so yourself. This could be due to a variety of reasons, including:

  • Physical or Mental Incapacity: An accident, illness, or cognitive impairment can render you unable to manage your finances.
  • Temporary Inability: Circumstances such as studying abroad, serving in the military, or being deployed on a remote work assignment can temporarily prevent you from accessing or managing your finances.

Scope of Authority:

The scope of authority granted by an FPOA can vary widely. You can tailor the document to your specific needs and circumstances. Some common powers that may be included in an FPOA include:

  • Managing Bank Accounts: This could include the ability to deposit and withdraw funds, write checks, and transfer money between accounts.
  • Paying Bills: Your agent can pay your rent, utilities, insurance premiums, and other recurring expenses.
  • Collecting Debts: Your agent can collect debts owed to you.
  • Investing Funds: Your agent can invest your money according to your instructions or within the parameters outlined in the FPOA.
  • Real Estate Transactions: Your agent can buy, sell, or rent property on your behalf.
  • Legal and Tax Matters: Your agent can represent you in legal and tax matters related to your finances.

Important Considerations:

  • Springing Power of Attorney: A “springing” power of attorney only becomes effective if you are deemed mentally incapacitated. This can provide you with more control over your finances while still ensuring that your needs are met if necessary.
  • Durable Power of Attorney: A “durable” power of attorney remains in effect even if you become incapacitated.
  • Consult with an Attorney: An experienced estate planning attorney like the Davidek Law firm can help you draft an FPOA that meets your specific needs and complies with the laws of your state.

By creating a Financial Power of Attorney, you can ensure that your financial affairs are managed responsibly and effectively, even in unforeseen circumstances.

The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. Once you reach the age of 18, or if you attend a post-secondary institution, you are considered an “eligible student” under FERPA. This means that you have the right to:

  • Inspect and Review your education records.
  • Request Amendments to your education records if you believe they are inaccurate, misleading, or violating your privacy rights.
  • Consent to the disclosure of your education records to third parties.

FERPA and Parental Access:

While FERPA grants you significant rights to your education records, you can still authorize your parents or guardians to access certain information. This is done through a FERPA waiver.

A FERPA waiver is a written document that allows you to authorize the release of your education records to your parents or guardians. This can be beneficial in several ways:

  • Continued Parental Involvement: Even after you reach the age of 18, your parents may still play an important role in your academic success. A FERPA waiver allows them to stay informed about your progress and offer support.
  • Emergency Situations: In case of an emergency, a FERPA waiver can allow your parents to access important information about your academic status and well-being.
  • Financial Aid and Scholarships: Some financial aid applications and scholarship applications may require parental information. A FERPA waiver can simplify this process.

Important Considerations:

  • Scope of the Waiver: You can specify the types of information that you are authorizing to be released and the individuals or entities that are authorized to receive it.
  • Revocability: You can revoke a FERPA waiver at any time.
  • School Policies: Be sure to familiarize yourself with your school’s specific policies regarding FERPA waivers.

By understanding FERPA and obtaining a waiver when appropriate, you can maintain control over your education records while still involving your parents in your academic journey if you choose to do so.

Living Will

A Living Will, also known as a Medical Directive, is a legal document that outlines your wishes regarding medical treatment in the event that you are unable to 1 communicate them yourself. This typically applies to end-of-life situations, such as terminal illness or a permanent vegetative state.   

What does a Living Will typically include?

  • Life-sustaining treatment: You can specify whether you wish to receive life-sustaining treatments such as artificial respiration, feeding tubes, and dialysis.
  • Pain management: You can express your preferences for pain management and comfort care.
  • Organ donation: You can indicate your wishes regarding organ and tissue donation.

Why is a Living Will important?

  • Ensuring your wishes are respected: A Living Will ensures that your medical decisions are honored even if you are unable to express them.
  • Providing guidance for loved ones: A Living Will can provide valuable guidance for your family and healthcare providers during a difficult time.
  • Reducing stress and conflict: A Living Will can help reduce stress and conflict among loved ones regarding medical decisions by clearly outlining your wishes.

Important Considerations:

  • State-specific laws: Living Will laws vary by state.
  • Revocability: A Living Will can be revoked or amended at any time.
  • Consult with an attorney: An attorney can help you draft a legally sound and comprehensive Living Will that meets your specific needs and complies with the laws of your state.

While a Living Will may not be essential for every college student, it can provide valuable peace of mind and ensure that your wishes are respected in the event of a serious medical crisis.


Review and Update Regularly 

Life circumstances change, and it’s essential to review and update your legal documents periodically. This may include changing your designated agents, updating your medical directives, or modifying your financial power of attorney.

For example, if you get married, you may want to update your medical power of attorney to include your spouse. If you move to a new state, you may need to ensure your documents comply with the laws of your new residence.

An experienced attorney can help you understand the legal implications of these documents and ensure they are correctly executed.

At Davidek Law Firm, we can guide you through the process of creating and updating these essential legal documents. We understand the importance of planning for the unexpected and can help you protect yourself and your loved ones.

Taking the Next Steps 

Many of these documents can be completed relatively quickly, and having them in place will provide peace of mind for you and your family.

Understanding your legal rights and responsibilities is an integral part of becoming an independent adult. By taking the time to prepare these essential documents, you’re taking control of your future and ensuring your well-being is protected.

Preparing for the unexpected may not be the most exciting part of college, but it’s a responsible and important step. Having these legal documents in place can provide you and your family with peace of mind knowing you’re prepared for any situation.

Conclusion 

Heading off to college is a significant milestone. By taking the time to prepare these essential legal documents, you’re demonstrating a sense of responsibility and ensuring your well-being is protected. Remember, these documents are not just pieces of paper; they represent your wishes and provide a safety net for you and your loved ones.

The Davidek Law Firm 

At Davidek Law Firm, we are committed to helping individuals and families navigate life’s legal challenges. We understand the importance of these legal documents and can guide you through the process with expertise and compassion.

Schedule a call today to discuss your specific needs and learn how we can help you prepare for the unexpected.