Before you leave for college…
Late one night, one of my sorority sisters had fallen out of her dorm bed, hit her head, and couldn’t close her jaw. Her roommate rushed her to the ER and while on the way, she called her mom. Her mom, 100 miles away, was freaking out over the phone and hopping in her car to get there as quickly as she could, but my friend got in with the doctor before she could get there. Since my friend was 18, her mom technically had no legal rights over her medical records nor did she have any rights to know what the doctor was saying to her daughter, but because they had signed a Health Care Proxy, she was able to be on the phone in the room with the doctor until she could get there. They had the documents lined up before sending her off to college.
Signing this document ended up saving my friend from a lot of issues due to the fact that her jaw was dislocated and her speech was limited. What could have happened if my friend had not signed those documents? Her mom would not have been legally entitled to get her medical information nor would she have been able to help make decisions that my friend could not physically make due to her injury. To have this document signed in the event your student is unable to speak for themselves may require you to hire an attorney to petition to have you appointed as your child’s legal guardian. The same holds true for educational and financial information. So be prepared before you leave for school.
Your Legal Rights With Your Student
HaveUHeard that once your child reaches the age of 18, they are considered a legal adult granting you no access to their financial, educational, and medical information? Hopefully, you will never need access but you should have a plan in place just in case before you leave for college. Always check with an attorney but here are the documents you need courtesy of HaveUHeard.
Designation of Health Care Surrogate – this legal document allows for your child to designate a surrogate to provide informed consent for medical treatment, surgical or diagnostic procedures should they become incapacitated. There are many other aspects of this document, but without having a family member or some other person your child knows and trusts, you may lose valuable time as a court-appointed guardian may be named. Laws differ by state so it is best to research each state’s individual laws as it applies to who would make these decisions for you should this form not be executed.
Authorization for Release of Protected Health Information – Under the Health Insurance Portability and Accountability Act (HIPAA), you will want to have all health information available so proper treatment may be made. You should name the same person you name as your surrogate so that there is continuity especially when time is of the essence in a medical crisis.
Declaration of Living Will – Most of us operate under the premise that a will is not drawn up until you are older or have children. In fact, there are many who still do not have wills. If your child is incapacitated or has an end-stage terminal condition, as a legal adult, you should want them to make their desires known and be able to direct that process while they are of sound mind and body. The mere mention of a will to an eighteen-year-old may seem ridiculous but by having an open and honest discussion, you are taking their wishes into consideration. Perhaps they may not want a feeding tube or other artificially provided method for nourishment and fluids. They may or may not want to donate their organs. You may have had this discussion when they went for their driver’s license as that is an item listed on the license. This discussion is one of the mature discussions you will have with your child and as such, should be approached with knowledge and compassion. The document also allows for one or two persons to be named as agents regarding the Living Will allowing them to act inconsistently with their intentions should it be in their best interest and they are incapacitated.
Durable Power of Attorney – This allows your student to appoint one or two persons that represent and act for them in all matters in order to expedite handling all of their business, property, and affairs.
Additionally, the university ensures the confidentiality of student records in accordance with the provisions of various federal, state, and university regulations, including the Family Educational Rights and Privacy Act of 1974 (FERPA), as amended, also known as the Buckley Amendment. The statutes and regulations also provide certain rights to students concerning their education records. Your student can provide a signed FERPA Release of Information.
Under FERPA, when a student reaches 18 years of age or enroll at a postsecondary institution such as the University of Georgia, the rights afforded to the parents of a student automatically transfer to the student. However, a parent still may have access to the education record if:
The information requested is directory information and there is no privacy hold on the student’s record.
The student provides a signed release to the university. The student may specify what information should be released, including the timeframe for the authorization to remain in effect. Additional authentication of the student’s signature may be required.
The parents can demonstrate that the student is a dependent, as defined by the IRS.
The information is released in response to a lawful subpoena.
Insurance. Your homeowners’ insurance policy may not cover them while they are living on or off-campus (many will cover if they are living in an on-campus residence at no extra cost). Check the terms of your home insurance policy. Most of the large insurance companies offer separate renters policies at a reasonable rate. You may also want to look at two of the more reputable college student insurance companies collegestudentinsurance.com and National Student Services, Inc.
While we hope you never have to use these documents, having them will give you security and peace knowing you can help and have a say if needed.
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