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College Student Powers of Attorney in Virginia
College Student Power of Attorney in Virginia
Why Your 18-Year-Old Needs a Power of Attorney Before Heading to College
College Student Power of Attorney Just $165 Get Started Now!
Sending your child off to college is a milestone filled with excitement and new opportunities. Amid the dorm room shopping and class schedules, there’s an important legal document many parents overlook: a power of attorney (POA). Once your child turns 18, you no longer have automatic legal authority over his or her financial, medical, or educational decisions—even if you remain the primary source of support. A power of attorney ensures that if your child encounters a financial or medical emergency while away at college, you can step in and help without legal roadblocks.
Here’s why every parent should consider having his or her college-bound child sign a POA before leaving home.
1. Medical Emergencies: Access to Healthcare Decisions
Once your child turns 18, his or her medical records and decisions are legally his or her own. Under the Health Insurance Portability and Accountability Act (HIPAA), healthcare providers cannot share medical information without explicit consent. If your child is unconscious or incapacitated due to an accident or illness, you could be left uninformed without a power of attorney that contains the required HIPAA language.
A medical power of attorney allows you to make medical decisions on your child’s behalf if he or she is unable to do so. This can be critical in emergencies, such as:
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A serious illness like meningitis, mononucleosis, or a severe allergic reaction.
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Injuries from a car accident or sports-related incident.
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Mental health crises requiring urgent intervention.
2. Financial and Legal Matters: Handling Banking, Bills, and More
College students often still rely on their parents for financial support, whether it’s managing tuition payments, handling insurance claims, or dealing with landlords. However, once they turn 18, you no longer have automatic access to their bank accounts, credit cards, or financial records—even if you are funding their expenses.
A financial power of attorney allows you to:
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Access your child’s bank accounts to pay bills, tuition, or rent if needed.
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Handle any legal or financial issues that arise while your child is away.
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Assist with insurance claims or tax matters.
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Manage any investments or financial decisions in your child’s absence.
This is especially useful if your child studies abroad, takes a gap year, or encounters a situation where he or she is unable to manage his or her financial affairs.
3. Education Records: FERPA Protection
The Family Educational Rights and Privacy Act (FERPA) protects students’ educational records, meaning colleges cannot disclose grades, financial aid information, or disciplinary records to parents without permission. Many parents assume they can automatically access this information, but after high school, that’s no longer the case.
By including FERPA language in your power of attorney, your child can grant you access to his or her academic records, which can be crucial if:
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You need to help resolve financial aid or tuition issues.
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You want to ensure your child is meeting scholarship requirements.
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Your child becomes ill and cannot manage his or her coursework or school affairs.
4. Peace of Mind for Both Parents and Students
While it may feel uncomfortable to discuss these topics, having a power of attorney is not about controlling your child’s decisions—it’s about being able to assist when necessary. In most cases, these documents are rarely needed, but when they are, they can save time, money, and stress.
By setting up a power of attorney, you are ensuring that if the unexpected happens, you won’t have to navigate complex legal processes to help your child. It’s a simple step that provides security and peace of mind as your child embarks on this next chapter.
Final Thoughts
A power of attorney isn’t just for elderly relatives—it’s a practical safeguard for young adults heading off to college. With medical and financial POAs in place, you can ensure that you’re able to step in quickly if your child ever needs help. It’s a small legal step that can make a big difference in an emergency, giving both you and your child greater confidence as he or she begins this independent journey.
If you’re preparing for your child’s transition to college, now is the perfect time to handle these legal protections. A little planning today can prevent a lot of stress down the road.
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Northern Virginia Trusts and Estates specializes in providing low cost estate planning services in Northern Virginia including Arlington, Alexandria, Fairfax, McLean, Vienna, Centreville and all of Northern Virginia. We never charge more than we advertise and we never charge based on the size of your estate.
What is a power of attorney and why do I need one?
A power of attorney is a relatively straightforward legal document that allows you to designate an agent to conduct your business and financial affairs for you. Having a power of attorney is particularly important if you become incapacitated, either temporarily or permanently, so that your business affairs with continue to be transacted smoothly. In addition, without a power of attorney, even your own spouse may be unable to conduct all of your affairs for you.
You can specify particular powers that the person will have, but most powers of attorney give the desired person a wide range of powers, including the ability to make agreements with the IRS, bestow gifts on your behalf, manage and transfer any and all assets, and create or make changes to any existing trusts you may have.
When you choose someone who will have power of attorney in Virginia, they do not need to have specific information about your current financial situation or any of your affairs.
However, you can speak to them about how you would like things to be handled and issues that may arise when the time arrives for them to act on your behalf.
Is a durable power of attorney all I need for estate planning?
While a power of attorney may be one of the most important things for your estate plan, it is by no means the only document necessary for a comprehensive estate plan. You may also want to have the following documents:
– Guardianship and Trust Will (if you have minor children)
– Medical Power of Attorney / Living Will
Count on our estate planning attorney for peace of mind
At Northern Virginia Trusts and Estates, we have over twenty years of experience in wills, trusts, and estate planning in Northern Virginia. You can rely on our experience to help you draft this important document.