Every August, Massachusetts families spend weeks preparing for a new school year: dorm shopping, orientation schedules, tuition payments, and long drives to campus. What most parents don’t put on that list is a stop at an estate planning attorney’s office. Yet once a child turns 18, they are legally an adult, and that single fact changes what parents can and cannot do on their behalf.
Many parents assume that because they are paying tuition, or because their name is still on the family insurance policy, they retain the same legal authority over their child that they had the day before the child’s 18th birthday. They do not.
Once a young adult reaches the age of majority, parents lose the automatic right to make medical decisions for them, to access their medical records, or to handle their finances and academic affairs. If a college student is injured, becomes seriously ill, or is simply unreachable during a family emergency, a parent without the right paperwork may find themselves shut out at the exact moment they need information and authority the most.
The good news is that a small set of documents, put in place before a student leaves for school, can close this gap.
What Is a Health Care Proxy?
Under Massachusetts law (M.G.L. c. 201D), a health care proxy allows a competent adult to name someone, known as a health care agent, to make medical decisions on their behalf if they become unable to do so themselves. Without one, a hospital treating an incapacitated 18- or 19-year-old is not required to consult the student’s parents at all. A health care proxy naming a parent (or both parents, with a clear order of succession) ensures that if a student is hospitalized after an accident, a serious illness, or even a bad reaction to anesthesia during a routine procedure, the people who know that student best are the ones making decisions.
What Is a HIPAA Authorization?
A health care proxy addresses decision-making authority, but it does not automatically give parents access to medical information. The Health Insurance Portability and Accountability Act protects the privacy of an adult patient’s medical records, including from parents, unless the patient has signed a HIPAA authorization naming them. Without this document, a doctor or hospital may be legally barred from discussing a student’s diagnosis, treatment, or even confirming that they were admitted, over the phone or in person. A HIPAA release is a short, straightforward form, but it is often the single document families forget, and its absence causes the most frustration during a medical emergency.
What Is a Durable Power of Attorney?
A durable power of attorney allows a student to name someone to act on their behalf in financial and legal matters if they become incapacitated or are otherwise unavailable. This might mean paying a phone bill, accessing a bank account to cover an unexpected expense, filing a tax return, or handling a lease dispute with an off-campus landlord. Without this authority, a parent may need to petition a probate court for guardianship or conservatorship before they can act, a process that takes time and money and is far harder to arrange in a crisis than a signed document prepared in advance.
What Is a FERPA Release?
The Family Educational Rights and Privacy Act governs access to a student’s academic and financial records once they enroll in college. Even for a full-time dependent whose parents are footing the tuition bill, colleges are generally prohibited from sharing grades, disciplinary records, or account balances with parents unless the student has consented. Most colleges provide their own FERPA waiver form during orientation, and it is worth confirming that the school has one on file in addition to any general release drafted by an attorney.
Why Do Families Wait Too Long?
Many parents assume these documents matter only for older or seriously ill loved ones, and put off addressing them for a healthy 18-year-old heading off to college. In practice, this is precisely the population most likely to need them unexpectedly. Car accidents, sports injuries, and sudden illnesses do not wait for a more convenient age, and a young adult without the right documents can leave a family without answers or authority during the hours that matter most.
The process of putting these documents in place is not complicated, and it does not require a lengthy court proceeding or ongoing legal involvement. A single meeting with an estate planning attorney is usually enough to prepare a health care proxy, HIPAA authorization, and durable power of attorney tailored to the family’s situation, along with guidance on any school-specific forms the student should also complete.
Frequently Asked Questions
Why does a college student need an estate plan?
Once a student turns 18, parents lose the automatic legal authority to make medical decisions, access medical records, or manage finances on their behalf. A basic estate plan restores that access if a student is injured, ill, or unreachable.
What estate planning documents should college students have?
Most college students benefit from four documents: a health care proxy, a HIPAA authorization, a durable power of attorney, and a FERPA release. An estate planning attorney can typically prepare the first three in a single meeting, while colleges often provide their own FERPA form during orientation.
What is a Health Care Proxy in Massachusetts, and why do college students need one?
Under M.G.L. c. 201D, a health care proxy allows a competent adult to name a health care agent to make medical decisions if they become unable to do so themselves. Without one, a hospital treating an incapacitated 18- or 19-year-old has no legal obligation to consult the student’s parents at all.
Can parents access a college student’s educational records?
Generally, no. Under FERPA, colleges cannot share a student’s grades, disciplinary records, or account balances with parents once the student enrolls, even if the parents are paying tuition, unless the student has provided consent.
Can parents talk to their child’s doctors after their child turns 18?
Not without the right authorization. HIPAA protects an adult patient’s medical records from everyone, including parents, unless the patient has signed a HIPAA authorization naming them.
A Small Step With Lasting Value
Sending a child off to college is a milestone that comes with plenty to think about already. Adding a short conversation about health care proxies and powers of attorney to that list is a small step, but it is one that can spare a family significant stress and delay if the unexpected happens. These documents do not expire when the student graduates. Many young adults keep the same proxy and power of attorney in place for years afterward, updating them as relationships and circumstances change.
If you have a student preparing to head off to college, or one who is already there without these documents in place, our attorneys at Roark & Mansur Law, PLLC can help you put a simple, effective plan together before the semester begins. Contact our Chelmsford office to schedule a consultation.
This blog is for general informational purposes only and does not constitute legal advice. Please consult with an attorney regarding your specific situation.