Adulting 101: Is Your College Student Legally Prepared For A Health Emergency? 

Move-in day for the fall semester is just around the corner and with it, excitement and some understandable nervousness for both students and their parents.

Before they go, every college student should have 5 documents in place in case of a health emergency. These documents give students and their families peace of mind and protect the student’s rights and interests in case of a health emergency. They can also make things easier if the student is not able to act on their own behalf.  College students are legally adults and without these documents, parents may not have access to information or decision-making authority if there is an emergency.

Pro tip: Families may want to read this article together. Filling out forms together is an opportunity to educate a young person about unfamiliar topics and discover where the student and parents may have different expectations and desires. At the end of the day, the college student is an adult and able to make decisions for themselves.  


College-Specific Documents 

1. HIPAA Consent: This document allows your healthcare providers to share your medical information with the person you name as your agent or representative. This can help them coordinate your care and make informed decisions. If you plan to use student health services on campus (and most students do), look for the HIPAA consent on the student health website.  

2. FERPA Consent: This document allows your school to share your educational records with the person you name as your agent or representative. This can help them handle your academic affairs and financial aid if you are unable to do so. Look for this form on the registrar, financial aid, or student affairs website. It may also be located inside your student portal.  

Health Insurance  

3. Health Insurance Consent: This document allows your health insurance company to communicate with the person you name as your agent or representative. This can help them deal with your claims and benefits if you are unable to do so. You can get this form from your health insurance company or plan administrator. Be sure to ask if there are additional forms to cover mental health and prescriptions. 

General Legal Documents 

4. Durable Health Care Power Of Attorney: This document allows you to name a trusted person to make medical decisions for you if you are unable to do so yourself. You can also specify your wishes for end-of-life care, organ donation, and other medical issues. Unless you have significant or unusual health concerns, a standard statutory form for the state where the student will be in school is generally sufficient.  

5. Durable Financial Power Of Attorney: This document allows you to name a trusted person to manage your money and property if you are unable to do so yourself. You can also give them access to your bank accounts, credit cards, and other financial matters. Unless the student has unusual or significant assets, a standard statutory form for the state where the assets are located (often the student’s home state) is generally sufficient. 

What Comes Next? 

Once you work through the forms, pay attention to those that may require a witness or notarization of the student’s signature. Scan copies to keep on your cell phones, keep the originals in a safe place, and let key family or friends know where they are. The student should review and change these documents at any time if their situation or preferences change. In Natasha’s family, we review every August.  

As both a mother and a education attorney for 27 years, I am here to help you. Give me a call.

Natasha M. Nazareth, Esq.

Partner

240-202-4303
natasha@dmvbusinesslawyers.com

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