Entering college is an exciting milestone for young adults, filled with new opportunities and independence. However, in all the excitement, many families or students overlook the importance of preparing for potential medical emergencies during this transition.
A medical power of attorney for college students provides a safeguard that ensures parents or trusted individuals can make critical healthcare decisions on behalf of their child if necessary. This legal document offers peace of mind, enabling parents to act quickly during emergencies when their adult child cannot make decisions themselves. May Herr & Grosh, LLP is here to help you prepare this document.
Understanding the Role of a Medical Power of Attorney
A medical power of attorney (POA) is a legal document that allows a designated person to make healthcare decisions if the individual becomes incapacitated. This document can be essential for college students, who are considered legal adults at 18. Once a child reaches this age, parents no longer have automatic access to their medical records or authority to make decisions—even in an emergency like a car accident.
Without a power of attorney, families may face delays navigating healthcare systems or, in some cases, require court intervention through Orphans’ court to gain guardianship of their adult child. With a medical POA, parents or guardians can make time-sensitive decisions on their child’s behalf, such as approving medical treatments, obtaining medical records, or managing other healthcare needs.
The Importance of Planning Ahead
While it may feel daunting to think about, unexpected events can happen anytime. Whether living on campus or traveling abroad for internships, college students face potential health risks—from injuries during sports activities to sudden illnesses. Preparing for these possibilities ensures that important decisions can be made without delay.
Without a medical power of attorney that includes a HIPAA release, doctors and hospitals may be legally bound to withhold medical information from family members. A parent’s inability to access critical medical details could complicate treatment efforts, especially in cases where the student is unconscious or unable to communicate.
Financial and Medical Authority: What Makes a POA Different
Many people confuse a general power of attorney with a healthcare power of attorney, but each serves a different function. A general or durable power of attorney grants authority over financial and legal matters, such as filing taxes, accessing bank accounts, or signing leases.
However, the medical power of attorney focuses specifically on healthcare, allowing the assigned person to make medical decisions in times of need. For college students, having both powers of attorney in place ensures that trusted individuals can step in for a range of important tasks, from managing financial decisions to authorizing medical treatments.
Empowering Young Adults Through Estate Planning
Creating a medical power of attorney is also essential in teaching young adults about estate planning. While many college students may feel far removed from the concept of estate planning, establishing a POA helps them understand the importance of preparing for the unexpected. Encouraging students to participate in these decisions reinforces responsibility and fosters peace of mind for both parents and children.
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It is also a simple way to help students begin thinking about their future in a structured way—whether managing health care during their college years or planning for life beyond graduation.
What Happens if a Student Does Not Have Parents?
If a student does not have parents or prefers not to designate them as their healthcare agents, other trusted individuals can still be assigned to act on their behalf through a medical power of attorney (POA). In such situations, it is crucial for the student to carefully choose someone reliable who can make thoughtful medical decisions if needed. This could include:
- Close relatives: Grandparents, aunts, uncles, or adult siblings are often strong candidates for a medical POA.
- Trusted friends or mentors: A family friend, godparent, or even a teacher or coach with whom the student shares a close bond may also be an appropriate choice.
- Legal guardians or foster caregivers: If the student was under legal guardianship, they might assign their guardian to act on their behalf.
- Social workers or advocates: Students who lack family support may choose a professional advocate or social worker to represent their interests in healthcare matters.
Additionally, some students may consult an estate planning attorney for guidance in selecting a healthcare agent. A durable healthcare POA ensures the student retains control over who makes important decisions during a medical emergency, reducing the likelihood of delays or confusion.
Without a medical POA, healthcare providers will generally attempt to contact the nearest family member or next of kin. Without a designated agent or available family, decisions may be left to doctors’ discretion, potentially leading to legal complications or needing the Orphans’ court to determine guardianship. These scenarios make setting up a medical power of attorney essential—even for those without traditional family structures.
How to Set Up a Medical Power of Attorney for College Students
Setting up a medical power of attorney involves a few straightforward steps. Working with an estate planning attorney is recommended to ensure the document is prepared correctly and complies with state laws. Students must identify a trusted individual who will act as their agent.
Once the document is signed and notarized, it should be shared with the agent and healthcare providers to prepare everyone for a medical emergency. Reviewing and updating the document periodically is essential, especially as the student’s needs or preferences change over time.
Take Action Now: Protect Your College Student’s Future
Planning for the future does not have to wait until graduation. Establishing a medical power of attorney for college students is crucial to ensure your child is protected and that you are prepared to act quickly in a healthcare crisis. With the proper legal documents in place, you can rest easy knowing that your family is ready to navigate any unexpected challenges.
At May Herr & Grosh LLP, our experienced estate planning attorneys are here to guide you through setting up a medical power of attorney tailored to your family’s specific needs. Contact us today to safeguard your child’s future and enjoy the peace of mind that comes from being prepared.
