Sending your child to college is an exciting and significant milestone for any parent. However, very few parents recognize the legal implications of this new chapter in their child’s life. When you’re done helping them with packing dorm essentials or setting their course schedules, we suggest you look into their most crucial legal document - the Power of Attorney (POA).

Check out our introduction to POA blog for complete general information on this essential legal tool. In this post, we discuss the reasons why a power of attorney is essential for every college student. We’ll also provide a step-by-step guide on how to establish one, ensuring protection and peace of mind for both parents and students.

What is a Power of Attorney?

To start, you need a working understanding of what a Power of Attorney document is. In this context, a POA document provides you, the parent, the legal authority to act on your child’s behalf in financial or medical matters. In this document, your child is the “principal,” and you are the “agent.”

Why Your College Student Needs a Power of Attorney

As much as we hope that college life goes smoothly for our kids, unexpected situations, such as medical, financial, and legal emergencies, can arise. A POA is handy in these situations for the following reasons:

College students are technically adults.

Once children turn 18, their parents lose automatic access to their medical and financial information. This means that in emergencies, you, as their parent, have no power to make decisions on their behalf. With a POA, your child or the principal legally allows you, their agent, to make such decisions. This power can be crucial if your child gets sick, injured, or is otherwise incapacitated while away at school.

College students still need healthcare and financial support.

Even though they are legally adults, your children still need your support on medical and financial matters. A healthcare POA grants you the power to decide on treatments or to access medical information that most doctors and hospitals, due to privacy laws, cannot disclose to parents without the student's permission.

A financial POA will help you pay your child’s bills, handle tuition and rent, manage bank accounts, file taxes, and much more. Creating a healthcare POA and financial POA is easy; simply click these links to download the forms for free. Also, we recently did a live stream where the Rilus Law founder and managing partner, Attorney Rilus Dana, walks you through the filing of these forms below.

Emergency situations require immediate action.

In unforeseen situations where college-aged children become incapable of handling their affairs, parents need court intervention to step in. Having a POA can simplify this process in case of an emergency. A POA can help you avoid the hassle of petitioning courts, which can be time-consuming and stressful during critical moments. Thus, a POA gives you the peace of mind that if your child needs you, you will not be hindered from supporting them.

Children traveling abroad may encounter legal issues.

If your child is studying abroad or traveling for extended periods, legal matters may arise while they are away. A POA ensures that you can handle these legal matters for your child without having to jump through hoops.

How to Set Up a College Student Power of Attorney

Follow the step-by-step guide below to ensure you set up an effective POA that can protect your child in case of emergencies.

1. Understand the types of POA.

There are many types of POA depending on specific purposes and situations. Typically, the two POA types mainly used for college students are healthcare POA and financial POA. You can opt for one or both types. Either way, before you set these up, make sure that you understand the scope of each and how they would be used.

2. Discuss the POA with your child.

Have an open discussion with your college student on what a POA is and why it is necessary. Explain how a POA can help in case of medical emergencies, financial complications, and other unforeseen scenarios. Make them understand that a POA is not a hindrance to their independence but for your peace of mind and their protection.

3. Choose the agent.

The agent for a college student POA is often their parent, but it is best to have your child decide who to assign. Your child can name anyone they trust to have their best interest at heart. It is also essential that the agent they choose is reliable and capable of handling financial or medical decisions responsibly.

4. Consult an attorney.

This is an optional but highly recommended step. While you can create a POA using online forms, a legal professional helps ensure the document meets state requirements and covers all necessary situations. Expert legal advice can also be useful for drafting POAs for children studying abroad or having complex medical needs, as they may require specific clauses for their unique circumstances.

5. Draft the POA document.

Use free POA forms from reputable sources or have an attorney draft them for you. Make sure the document includes:

The type of POA (medical, financial, or both)
The powers granted to the agent
Any specific limitations or instructions
The duration of the POA (whether it’s durable or non-durable/springing)

6. Sign with witnesses and notarize the POA.

Sign your completed POA document with your child in the presence of the required number of witnesses. In Arizona and several other states, you are required to have the document notarized to make it legally binding. Check your state's specific requirements regarding witnesses and notarization, as they can vary.

7. Store and distribute copies of the POA.

Once notarized, you can now store a copy of the POA in a secure location. Make sure that both you and your child have access to this location. You may also want to provide copies to your attorney, the chosen agent (if it is not you), and relevant medical or financial institutions to notify them that a POA is in place.

8. Review and update regularly.

Make sure your college student’s POA adapts to their changing circumstances. If your child transfers schools, moves states, or graduates, make sure the POA reflects these changes.

Power of Attorney for College Students: Protection and Peace of Mind

Sending your child to college can be a scary step for most parents. Having a POA in place serves as a safety net, providing protection and peace of mind that you can step in to support them whenever the situation arises. Based on our experience, a power of attorney can be the most valuable thing to have, especially during stressful times.

Go ahead and take advantage of the free forms and the other resources we’ve provided to set up a POA for your college-bound child. If you need further assistance or have additional questions, you can always contact us.

Why Every College Student Needs a Power of Attorney (and How to Get One)