The College Move-In Checklist – Powers of Attorney

In the last few weeks, parents across the country have navigated an emotional and logistical whirlwind.  Sometimes tear-filled, often stressful, we’re talking about moving your kids into college.

Parents almost always remember the dorm essentials – laptop, sheets, mini-fridge, storage cubes, desk lamp, whiteboard, and decorations.

Often lost in the process is the realization that the grown child who you may very well see as a “child” is over age 18.  That means that, in the eyes of the law, your child is an adult.

Parents spend tremendous emotional energy planning for emergency contingencies at college.  How can a child or their friend reach you in the unlikely event of an emergency?  But if there is an emergency, how can you be assured, as a parent, that you have the requisite legal authority to act for your adult child?

The answer is simple – powers of attorney.

We often think of powers of attorney as something that only older adults need.  But the very nature of a power of attorney — a document that vests another with the requisite legal authority to make health care or financial decisions for you if you cannot act due to death or incapacity — applies to any individual over age 18.

A health care power of attorney might permit a parent to act for a college-age child with respect to many areas, including:

• Communicate with doctors on a child’s behalf;
• Consent to treatment if the child cannot meaningfully consent;
• Obtain health-care information that might otherwise be protected by HIPAA to the extent it is necessary to make these decisions.

A financial power of attorney might permit a parent to act for a college-age child with respect to many areas, including:

• Accessing bank accounts in the child’s sole name (or depositing checks made payable to the child);
• If the child is on their own health insurance plan, continuing health insurance premiums;
• Communicating with the University’s bursar’s office with respect to the child’s account.

What if my child is attending college in another state?

A power of attorney validly executed by a Maryland resident in the state of Maryland will generally be recognized in any other state.  That being said, the forms of power of attorney do vary state by state.  We recommend you look for forms for the state where your child will be living during college.

Where can I find powers of attorney?

Of course, estate planning attorneys can help with this, as we regularly prepare powers of attorney in states where we are licensed.  However, many states, Maryland among them, actually make available online certain forms of powers of attorney, typically through the Office of the Attorney General.

Is it too late if my child has already left for college?

Of course not! Add it to the to-do list for fall break or the upcoming holidays.

Good luck to you and your family as you move into this new and exciting phase of life!  If Bulman Dunie estate planning attorneys can be helpful to you or your college-age children in making sure that your “legal packing list” is checked off, please reach out to us!