College is Underway, But It’s Not Too Late: Why Your 18-Year-Old Needs a Power of Attorney
The boxes are unpacked, the dorm room is set up, and the fall semester is officially in full swing. As a parent, you might finally be breathing a sigh of relief. But before you completely check “college prep” off your list, there is a critical legal reality you need to address: If your child is 18, they are legally an adult.
While you may still be paying the tuition and transferring money to their checking account, the law sees your college freshman as an independent adult. Privacy laws like HIPAA (health care) and FERPA (educational records) immediately lock parents out of their child’s private information.
The Critical Documents Every College Student Needs
To bridge the legal gap between you and your adult child, you need two primary documents in place.
- Durable Power of Attorney for Property (Financial POA)
As a CPA firm, we see the financial complications of this every day. Even if you are your child’s sole source of financial support, you have no legal right to access their bank accounts, manage their student loans, or even speak to the university’s billing department without authorization.
A Financial POA allows you to act as their agent. This is crucial if your child is studying abroad, becomes incapacitated, or simply needs you to sign a tax return or manage an investment account on their behalf. For families utilizing our Family Office Services, integrating these documents into your broader multi-generational plan ensures seamless financial support for your young adults as they gain independence.
- Durable Power of Attorney for Health Care & HIPAA Release
If your child has a medical emergency away at school, doctors are legally barred from sharing their medical status with you without a HIPAA release and a Healthcare POA. These documents allow you to speak with medical professionals, access records, and make medical decisions if your child is unable to do so.
The Real-World Impact
Here is a quick look at how these documents change how you can support your child:
| Scenario | Without a Power of Attorney | With a Power of Attorney |
| Medical Emergencies | Doctors are legally restricted from sharing medical details or accepting your input. | You can communicate freely with physicians and make emergency decisions. |
| Financial & Tax Matters | You cannot manage their bank accounts, negotiate leases, or sign tax documents. | You have the legal authority to handle banking, sign leases, and manage taxes. |
| Academic & Billing | Universities cannot share grades, tuition bills, or financial aid status with you. | You can be granted explicit access to view and manage university accounts. |
Next Steps: It Is Not Too Late
Do not let the fact that they are already on campus deter you. These documents can be handled easily and quickly.
If you haven’t done this yet, take action now:
- Have your child ask the university if they have specific FERPA or medical release forms on file.
- Work with your legal team to draft state-specific POAs.
- Send the documents via a secure digital signature platform or have them signed and notarized when your child comes home for Thanksgiving break.
At Friedman+Huey, we believe that holistic financial planning extends to protecting your children as they step into adulthood. Reach out to our team today to ensure your family’s financial and legal bases are fully covered.
Frequently Asked Questions: Power of Attorney for College Students
Why does my 18-year-old need a Power of Attorney if I still pay their tuition and claim them as a dependent?
Once your child turns 18, the law recognizes them as an independent adult. Regardless of who pays the bills or claims them on taxes, privacy laws completely restrict parents from accessing their medical, financial, or academic records without express legal authorization.
My child is already on campus. Is it too late to set this up?
Not at all. While it is ideal to do this before they leave, you can execute these documents at any time. Many forms can be reviewed electronically and signed digitally, or you can have them signed and notarized when your child visits home for their first holiday break.
What is the difference between a Financial POA and a Healthcare POA?
A Financial POA (or Power of Attorney for Property) allows you to manage financial and legal matters on your child’s behalf, such as accessing bank accounts, signing tax returns, or paying bills. A Healthcare POA allows you to make medical decisions and speak to doctors if your child is incapacitated. Both are essential.
Will my child lose control over their own money or decisions if they sign a POA?
No. A Power of Attorney does not take away your child’s rights to manage their own life or finances. It simply grants you the legal authority to step in and act alongside them or on their behalf if they are unavailable, studying abroad, or incapacitated.
What is FERPA and does a POA cover it?
FERPA (Family Educational Rights and Privacy Act) protects the privacy of student education records. A standard Financial POA might not automatically grant you access to their grades or university billing. Your child will typically need to sign a specific FERPA waiver provided directly by their college or university.
How does this tie into our overall family financial plan?
For clients utilizing our Family Office Services, transitioning wealth and financial responsibility to the next generation is a major milestone. Having these documents in place is the very first step in educating your young adult about legal and financial independence, while ensuring they have a safety net.
