Estate Planning for Young Adults

Ashley Green • September 16, 2022

What should a parent consider when preparing their young adult for college with an estate plan in place?

If you are a parent having adult children and they are planning on attending college, you should keep reading this blog because when your child turns 18, you will no longer have lawful authorization to their educational or health records.

1. What document should you be aware of as your young adult child enters college?
- FERPA
- HIPPA
- Medical POA

These documents not only allow you to have the ability to act in situations of emergencies, but you can also have access to their information when necessary.

2. What is FERPA? 

 FERPA is the Federal Educational Rights and Privacy Act (FERPA). This law protects student’s educational records, when the student is 18 years of age or older and attends a postsecondary institution. 

This means that, at the secondary level, once a student turns 18, all the rights that once belonged to the student and parents only have right to the student's records if the student executes a FERPA Form giving authorization.

3. What is HIPAA?

HIPAA is the Health Insurance Portability and Accountability Act. This law protects your young adult’s health records.

Parents lose access to medical information of their children when they reach adulthood, bu if your adult child completes a HIPAA form they can grant you legal authorization to receive details of their medical condition.

Young adults should consider limiting their HIPAA authorization form for specific items to be released instead of a blanket HIPAA release form.

4. What is a Medical POA?

A Medical POA is a legal document that lets your young adult child give you legal authority to make healthcare decisions for them when they cannot make decisions for themselves. 

These decisions could be about treatment options, medication, surgery, end-of-life care, and more. 

We never know when something unexpected could happen to our children, like a sudden injury or illness, so having a Medical Power of Attorney in place you can help parents navigate an already difficult situation and make necessary decisions for their children.

If you need help with a HIPAA, FERPA or Medical POA you can always connect with us at 832-844-1677 during normal business hours.

You can always connect with us via phone 832-844-1677 or via email at agreenteam@lawofficegreen.com

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