Preparing for College and Beyond
A few simple legal forms can ensure your 18+ age kids are set for success in college and beyond.
Jennifer DeLoach, ESQ
We know many of you are experiencing significant life changes as your kids head off to college and begin their young adult years. To help make this transition as smooth as possible from a legal standpoint, we contacted Stroll Edinburgh sponsor, Jennifer DeLoach, at DeLoach Law Practice for her expert guidance. She provided valuable advice, and we're excited to share it with you. We are so proud of the Edinburgh "big kids" and wish them the best in their next steps. Take a look at what Jennifer has to say!
This summer, many parents will be experiencing the bittersweet feelings that come along with dropping their children off for their first year of college. On the one hand, of course, you’re proud of their achievements and excited for all the milestones they’re about to achieve. On the other hand, a little worry and anxiety are perfectly normal – chances are, your kids have never been away from you for so long. They’re going to have to start navigating adulthood on their own, and you simply have to trust that you’ve helped prepare them for this part of their journey as best you can.
What many parents and first-year college students don’t realize, however, is that upon turning 18, children become legal adults. Many of the rights you’ve taken for granted, such as being able to communicate with medical providers or financial institutions on your children’s behalf, no longer exist without your now-adult child taking proactive steps.
For the parents of children with special needs, a child's 18th birthday can be a time of great uncertainty. You may wonder how, now that your child is a legal adult, responsible for managing their own health care decisions and finances, you can continue to protect them. If you're interested in discussing how to obtain a legal guardianship or conservatorship over your "adult" child, the DeLoach Law Practice is here to help.
There are some actions you and your newly-minted legal adult (hard to believe, right?) can take right now to ensure that in the unlikely event your child is unable to make medical or financial decisions on their own, you will be able to protect them just as you always have. There are three documents we recommend considering when you’re sending a child off to college:
1) Durable Power of Attorney: This form designates someone to communicate with financial institutions and make decisions on behalf of your child in the event they become disabled or are simply in over their head.
2) Advance Healthcare Directive: This form gives you the authority to make medical decisions for your adult child should they ever lose the ability, whether temporarily or permanently, to communicate with medical providers on their own behalf.
3) HIPAA Release Form: A general form will enable you to speak with medical providers and receive sensitive updates on your child’s case that you might not otherwise obtain.
The DeLoach Law Practice, LLC, provides all of these documents, as well as witnesses and notary services. We’re happy to speak with you about your questions and will waive all consultation fees for anyone who calls and mentions seeing us in Stroll magazine!
On the other hand, go ahead and make sure that you (and your parents and in-laws!) have already created a proper estate plan! A foundational plan consists of a Last Will & Testament, an Advance Healthcare Directive, and a Durable Power of Attorney. After all, it’s much more likely that a parent will experience a medical crisis over the next few years than your child, and having these documents in place is invaluable when the time comes.