Navigating Emergencies: Why Your College Student Should Sign Powers Of Attorney

While excitement and anticipation fill the air as college students head off to campus, emergencies are not typically top of mind. However, in unexpected situations, such as medical emergencies or financial matters, parents often find themselves unable to help due to legal barriers. One crucial way to ensure you can step in during emergencies is by having your college student sign powers of attorney (POA) forms before they leave for school.

In Wisconsin, once a child turns 18, they are legally considered an adult, which means parents no longer have automatic rights to make medical or financial decisions on their behalf. Without the proper legal documents in place, parents may be unable to access medical information or make crucial decisions in an emergency. Having health care and financial powers of attorney can provide peace of mind for both students and parents.

Why Are Powers Of Attorney Important For College Students?

Emergencies can happen at any time. Whether it’s a sudden illness, an accident, or an unexpected financial issue, being able to act quickly is crucial. By signing powers of attorney, your college student can legally designate you to make decisions for them in the event they are unable to do so themselves. Here’s why having these documents is essential:

1. Access to Medical Information and Decision-Making Power
   • Without a health care power of attorney, privacy laws like HIPAA (Health Insurance Portability and Accountability Act) prevent healthcare providers from sharing medical information with anyone, including parents. If your child is injured or incapacitated, you may not be able to get the information you need to make informed decisions. A health care power of attorney allows you to speak with doctors, access your child’s medical records, and make critical healthcare decisions if they are unable to do so.
2. Managing Financial Affairs
   • In a financial emergency—whether it’s paying tuition bills, managing rent, or handling an unexpected financial situation—parents may face hurdles accessing bank accounts, managing student loans, or resolving other financial matters. A financial power of attorney allows you to handle these financial tasks and ensures that your student’s financial well-being is maintained during an emergency.
3. In Case of Mental Incapacity
   • Emergencies aren’t limited to physical injuries. A student could experience a mental health crisis, making it difficult for them to make sound decisions. A power of attorney ensures that parents can step in to manage medical care and financial matters if their child is temporarily incapacitated.

Types Of Powers Of Attorney For College Students

There are two main types of powers of attorney that every college student should consider signing:

1. Health Care Power of Attorney (Advance Directive)
   • This document authorizes someone (usually a parent or trusted family member) to make medical decisions on behalf of the student if they become unable to do so themselves. In Wisconsin, this document also grants access to medical records and communication with healthcare providers, which is vital during emergencies. It also allows the ability to make advance health care decisions in the event of a medical emergency.
2. Financial Power of Attorney
   • This document allows the designated person (usually a parent) to handle financial matters, such as paying bills, managing bank accounts, dealing with landlords, interactions with university officials, and handling student loans. Having this in place ensures that if your child is unable to manage their finances, you can take over without delays or legal complications.

How To Establish One

Setting up powers of attorney for your college student can be relatively simple, especially when you work with an attorney who specializes in estate planning or family law. Here’s the process:

1. Consult an Attorney
   • While there are templates available online, it is strongly recommended that you consult with an attorney to ensure the documents are properly drafted and tailored to your specific needs. In Wisconsin, the language of powers of attorney must comply with state laws to be enforceable.
2. Choose an Agent
   • The college student must choose an “agent” (usually a parent or trusted relative) who will be responsible for making decisions on their behalf. This decision should be made carefully, as the agent will have significant legal authority in emergencies.
3. Make Advance Directive Selections
   • Your student can make advance medical decisions in the event of a medical emergency including end of life treatments and organ donation.
4. Sign and Notarize
   • Powers of attorney must be signed by the student and, in most cases, notarized. Having the documents notarized ensures that they are legally valid and will be recognized by medical institutions and financial organizations.
5. Distribute Copies
   • Make sure to keep copies of the signed powers of attorney with you, your student, and the designated agent(s). In a medical emergency, these documents should be easily accessible to ensure prompt action.

What Happens Without Powers Of Attorney?

Without powers of attorney in place, parents may face significant challenges in emergencies. In the event of a medical crisis, you could be denied access to your child’s medical records or be unable to make decisions about their care. Financially, you may have no legal right to manage their student loans, pay their bills, or handle other financial matters, even if your child is incapacitated. The delay caused by needing to petition the courts for guardianship or conservatorship could be costly in terms of time and resources.

The Peace Of Mind You Deserve

For parents sending their children off to college, planning for emergencies is an essential, though often overlooked, step. By ensuring that your college student signs powers of attorney before heading off to school, you are protecting both their future and your peace of mind. These documents ensure that you can make crucial decisions in emergencies without delays or complications.

If you’re unsure about how to get started with powers of attorney for your college students, the legal team at Bosshard Parke in La Crosse and Sparta, Wisconsin, is here to help. Our attorneys can provide personalized guidance to ensure that all legal documents are properly in place. Don’t wait for an emergency—contact us today to schedule a consultation.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal assistance tailored to your specific needs, please consult with an attorney at Bosshard Parke.