As children head off to college, a parent’s role evolves, but the need for support and guidance remains. Most college-bound students are 18-year-olds and legal adults, meaning parents are no longer automatically entitled to make decisions on their behalf. This shift can pose significant challenges, particularly in medical emergencies. To mitigate these issues, parents are increasingly turning to medical Power of Attorney (POA) forms for their college students. Ideally, you’ll never need to use this document, but having it can provide peace of mind.
What is Power of Attorney?
A general Power of Attorney allows a competent adult to make important decisions for another adult if doctors determine that the individual can no longer make those decisions themselves. A medical POA, on the other hand, is specific to healthcare decisions. It grants the designated person (called the agent) more rights than a living will, which only applies to end-of-life decisions.
The Role of Medical Power of Attorney
Hospital legal departments are bound by strict protocols. Without a medical POA, they may not allow parents to make decisions for an incapacitated young adult, even if the parents can prove their relationship. In such cases, doctors who do not know your family may end up making critical decisions.
If a young adult is incapacitated long-term without a POA, parents may need to go to court to seek guardianship. Attorney Neil Siegel of Beachwood, Ohio, warns that this process can take weeks and be costly. “If you don’t have it in place, you have to go to probate court to get that person appointed, which [costs] thousands of dollars and is very time-consuming,” Siegel says.
Is a Durable Power of Attorney a Better Choice?
A durable Power of Attorney is particularly important for students with chronic conditions, such as diabetes or depression. College students don’t always manage their health consistently, making a durable POA even more crucial. Additionally, it can incorporate any necessary restrictions based on your family’s religious or cultural practices. Attorney Jacob Acers of Smith Slusky Pohren & Rogers in Omaha, Nebraska, has included such limitations in healthcare POA documents and suggests consulting an attorney to ensure the state will honor these restrictions.
Attorney Bryan Zlimen of Zlimen & McGuiness in St. Paul, Minnesota, points out that some preferences, like specific care items you want or don’t want, are better addressed through an advance healthcare directive or living will, often bundled with a medical POA form.
When Your College Student is Out of State
A durable POA document is only valid in the state where it was created. Therefore, if your child is attending school out of state, it’s wise to secure a POA for both states. Attorney Neil Siegel advises creating POAs for both the home state and the college state to cover all bases, especially if long-term care is involved.
Setting Up a College Power of Attorney
In many states, setting up a medical POA for college students involves filling out a standard form, including names, contact information, signatures, and delegated powers. Some states require the signature of a witness or notary public.
For students under 18, parents have decision-making authority until the student reaches 18, but may still want to delegate it to a local relative or trusted friend. To use the POA, bring it to the hospital where it’s needed; a doctor or hospital legal department will typically review it. It’s even better to have it on file with the student’s medical provider beforehand, often at the university, to ensure easy access in an emergency.
Explaining Power of Attorney to Young Adults
Young adults seeking independence may resist signing a POA, fearing a loss of control. It’s essential to explain that a medical POA only activates if doctors certify that the student is unable to make their own decisions. It gives parents no control unless there’s an emergency, allowing students to retain their privacy and autonomy under normal circumstances.
Attorney Neil Siegel reassures, “Remember, the healthcare power of attorney only goes into effect when you can’t make a decision. It doesn’t mean your mom or dad or anyone who’s listed as the [power of attorney] can get that information without you meeting that medical criteria.”
Conclusion
As young adults transition into college life, legal preparations like a Power of Attorney are crucial. These documents ensure that trusted individuals can make important decisions if necessary, providing a safety net for both parents and students. Taking these proactive steps allows families to focus on the exciting opportunities and challenges of college life, secure in the knowledge that they are prepared for any situation.
