Essential Estate Planning: 4 Must-Have Legal Documents Every College Student Needs

4 Must-Have Legal Documents Every College Student Needs

Why Your College-Bound Child Needs Incapacity Documents

Picture this: Your child is graduating from high school and has been accepted into their dream college. You’re busy making a checklist of everything they’ll need for their first year—dorm essentials, textbooks, maybe even a new laptop. But then, a thought crosses your mind: "My baby is now an adult." That realization lingers… "Now that they’re 18, do they need their own legal documents?"

At first, you dismiss the idea. After all, they’re still on your health insurance, and you’re their parent. But then, a troubling question keeps you up at night: What happens if they need medical care or financial assistance, and I’m not legally allowed to step in?

What Changes When Your Child Turns 18?

Once your child turns 18, they are legally considered an adult. This means you no longer have the automatic right to make financial, medical, or legal decisions on their behalf—even if they’re still on your insurance. Without the proper legal documents in place, you may be unable to help them in an emergency without a court order.

To avoid legal complications and unnecessary stress, your child should have the following essential documents:

1. Durable General Power of Attorney

This document allows your child to appoint someone (such as a parent) to manage their financial and legal affairs. This could include handling bank accounts, paying bills, managing leases or filing taxes if they are unable to do so themselves.

2. Medical Power of Attorney

A Medical Power of Attorney designates someone to make healthcare decisions on behalf of your child if they are incapacitated. Without this document, doctors may not be able to share medical information with you or allow you to make critical treatment decisions.

3. Directive to Physicians (Living Will)

This document outlines your child’s wishes regarding end-of-life medical care. It ensures their preferences are followed if they are ever in a situation where they cannot communicate their decisions.

4. HIPAA Authorization

The Health Insurance Portability and Accountability Act (HIPAA) protects an individual’s medical privacy, which means healthcare providers cannot share information without authorization. A HIPAA Authorization allows doctors to discuss your child’s medical condition with designated individuals, such as parents or guardians.

The Cost of Not Being Prepared

If your child does not have these documents in place and becomes incapacitated, you may need to seek court-appointed guardianship to make decisions on their behalf. This legal process is extremely expensive and takes months to finalize—time that may be critical in an emergency.

Add This to the College Checklist

Preparing these legal documents is just as important as buying dorm supplies or setting up a meal plan. Ensure your child has the necessary protections in place before they head off to college.

Have your student complete the following College Student Incapacity Worksheet and contact Davies Law Office to schedule an appointment to discuss.  Appointments are available in person, by phone or video conference and documents can also be signed with a Virtual Notary at the convenience of your busy student’s schedule.

Reach out today at www.dlolawgroup.com, 425-440-3494 or office@dlolawgroup.com