Power Of Attorney
Will your Senior turn 18 before they graduate high school or before they move to college? If so, having them execute a Power of Attorney is essential! A Power of Attorney (POA) for your adult children is important because it allows you to assist them with legal, financial, or medical decisions if they become incapacitated or unable to act on their own behalf. This can be extremely scary whether they are in college hundreds of miles away or living at home with you while they attend college.
Here are the key reasons why having a POA for your adult children is beneficial:
1. Medical Emergencies (Medical POA)
Once your child turns 18 years old, you no longer have automatic rights to make medical decisions for them.
A Medical POA allows you to access their medical records and make healthcare decisions if they are unconscious, injured, or otherwise unable to communicate.
This is crucial in cases of accidents, surgeries, or serious illnesses.
2. Financial & Legal Decisions (Durable POA)
If your child is traveling, studying abroad, or temporarily unable to handle financial matters, a Durable POA allows you to manage their finances, pay bills, and handle other legal matters.
In case of incapacity due to an accident or illness, you can step in without the need for court intervention.
3. College & Privacy Laws (FERPA Release)
Universities are bound by the Family Educational Rights and Privacy Act (FERPA) and cannot release academic records to parents without consent.
A FERPA release allows you to access your child's school records and assist with tuition, enrollment, or disciplinary issues, if needed.
Many universities provide its own FERPA release upon admission, so you may not need to execute it separately.
4. Avoiding Court Proceedings
Without a POA, if your child becomes incapacitated, you may have to go through a lengthy and expensive court process (guardianship or conservatorship) to make decisions on their behalf.
A POA ensures that you can act immediately when necessary.
5. Travel & Military Deployment
If your child is in the military or traveling internationally, a POA allows you to handle legal and financial matters for them while they are away.
Still don't know what type of POA do you need? To determine the best Power of Attorney (POA) for your adult children, consider their age, living situation, and potential needs. Here’s a breakdown based on common situations:
1. Essential POAs for Most Adult Children
Medical POA
Best for: All adult children (18+).
Allows you to make medical decisions if they are incapacitated.
Gives you access to medical records (important due to HIPAA privacy laws).
Recommended even if they are healthy, especially if they are in college or frequently travel.
Durable Financial POA
Best for: Children who need help managing finances, travel frequently, or may be unable to handle affairs due to health issues.
Allows you to manage their bank accounts, pay bills, file taxes, and handle legal matters.
Remains valid if they become incapacitated.
2. Additional POAs Based on Specific Needs
Limited (Specific) POA
Best for: Temporary situations where they need you to act on their behalf (e.g., selling a car, handling lease agreements, or banking while abroad).
Expires after the task is completed or on a set date.
FERPA Release (Educational Records)
Best for: College students.
Allows access to grades, tuition records, and disciplinary matters.
Without it, universities will not share information with parents.
HIPAA Authorization (Medical Privacy Form)
Best for: Any adult child.
Even with a Medical POA, some hospitals may require a separate HIPAA release to discuss health records.
This is essential for accessing medical updates in emergencies.
3. Factors to Consider
Does your child live away from home (e.g., college, military, another state)? → Medical POA + Financial POA are helpful.
Does your child have a chronic illness or disability? → Durable POA ensures you can assist when needed.
Does your child travel frequently or study abroad? → Limited POA for specific transactions.
Would they want you to access their school records? → FERPA Release is needed.
Next Steps
Talk to your child – They must agree and sign the POA documents.
Choose an attorney – To draft the POA correctly (laws vary by state).
Notarize the POA – Texas requires notarization for validity.
Store safely – Keep copies accessible, and provide one to relevant institutions (hospital, school, bank, etc.).