Preparing for College
Sending a child off to college is an exciting milestone. Dorm supplies, laptops, and course schedules are often top priorities - but there’s something even more important that many families overlook: legal documents that protect your ability to help your child in an emergency.
Once your child turns 18, the law recognizes them as an adult. This means parents lose the automatic right to access medical records, make healthcare decisions, or even discuss academic progress with the college - unless the proper legal documents are in place.
At The Wittstadt Law Group, LLC, we regularly guide families through this process. If you're searching for an estate planning attorney in Towson, Maryland families trust, we’re here to help you get these documents prepared before your student steps onto campus.
Why Legal Documents Matter for College Students
Without the right paperwork, parents can find themselves powerless in the face of a crisis. Whether your child is out of state or studying abroad, these documents allow you to step in when it matters most - without legal barriers.
Here are the key documents every college-bound student should have:
1. HIPAA Authorization Form
The Health Insurance Portability and Accountability Act (HIPAA) protects a patient’s private medical information - even from parents. With a signed HIPAA authorization, your child grants you access to their health records and allows providers to communicate with you in emergencies.
This document is critical, especially for students with existing health conditions or those receiving ongoing care.
2. Medical Power of Attorney (Health Care Proxy)
If your child becomes ill or injured and cannot make their own medical decisions, a medical power of attorney allows you to step in. Without this document, doctors may be forced to rely on court orders or unrelated parties to make important health decisions.
Parents who live in different states or are divorced should each have copies of this form in place to avoid delays in critical situations.
3. Durable Power of Attorney
This form gives parents legal authority to manage a child’s financial affairs - like accessing bank accounts, paying bills, or managing tuition - if the student becomes incapacitated or is unavailable, such as during study abroad programs.
A durable power of attorney remains valid even if your child is temporarily or permanently unable to act for themselves.
4. FERPA Waiver
Many parents are surprised to learn that they can’t access their child’s grades or tuition information without a signed FERPA waiver. Under the Family Educational Rights and Privacy Act (FERPA), once a student turns 18, their academic records are protected - even if you’re footing the bill.
Each college or university has its own FERPA form, typically available through the registrar or financial aid office.
Additional Legal and Practical Preparations for College Students
Beyond the four essential legal documents, there are a few more things to prepare before your child heads off.
Wills and Trusts
If your child has assets - like a car, savings, or investment accounts - they should consider a simple will or revocable trust. These tools help protect assets and ensure they’re handled according to your child’s wishes in the event of an untimely passing. Read more about what legal documents are needed in any estate plan.
Proof of Identity
Make sure your child has access to critical documents like their Social Security card, passport, and birth certificate. These are often needed for internships, part-time jobs, or travel.
Insurance Coverage
Double-check that your health, auto, and homeowner’s insurance extend to your student’s out-of-state or on-campus living situation. If they’re renting off-campus, consider renters insurance. If they’re traveling abroad, look into medical evacuation coverage.
Medical and Dental Appointments
Before leaving town, schedule appointments to update prescriptions, address chronic health issues, and review immunizations. Ensure your child knows how to manage their care while away from home.
Bank Accounts, Voter Registration, and Selective Service
If your family’s bank doesn’t have a branch near your child’s school, consider opening an account with a local institution. Make sure both parent and child have access, especially in emergencies. And don’t forget - 18-year-olds need to register to vote and, for young men, register for Selective Service.
Work with an experienced Estate Planning Attorney in Towson, Maryland
Planning for your child’s next chapter includes more than just textbooks and dorm décor. These legal documents ensure that you’re able to protect and support them when it matters most. While many forms are available online, it's crucial they meet Maryland legal standards - especially if your child is attending school in another state.
Before your child leaves town for college, work, or the next chapter in their life, meet with Estate Planning Attorney Gerard W. Wittstadt (410-525-WILL or
Reference: WSJ (Aug. 14, 2023) "Before Your Child Goes to College, Complete These 6 Important Documents - WSJ"