Back to School: Estate Planning for Parents of College Students

Back to School: Estate Planning for Parents of College Students

Your child just turned 18 and is heading off to college. You've bought the mini fridge, picked out the dorm bedding, and sat through orientation. But there's one more thing you need to do before move-in day—and most parents don't think of it until it's too late.

Once your child turns 18, you lose the legal authority to make decisions on their behalf. That includes medical decisions and access to financial accounts. Without the right documents in place, you could find yourself locked out during an emergency.

Why Age 18 Changes Everything

In Texas, your child becomes a legal adult at 18. That means:

• Doctors can't talk to you. HIPAA privacy rules prevent healthcare providers from sharing your adult child's medical information with you—even if you're paying the bills and they're on your insurance.
• You can't access their accounts. Banks and universities treat your 18-year-old as an independent adult. You can't call the registrar, access their student account, or manage their finances without written authorization.
• You can't make medical decisions. If your child is in an accident and can't speak for themselves, doctors will make decisions without your input unless your child has signed a medical power of attorney naming you as their agent.

This isn't hypothetical. We've seen parents standing in hospital hallways unable to get information about their own child's condition because the right paperwork wasn't in place.

The Documents Every College Student Needs

At minimum, every 18-year-old heading to college should have these four documents:

1. Medical Power of Attorney. This is the most important document on this list. A medical power of attorney (also called a healthcare proxy) lets your child name you—or another trusted person—to make medical decisions on their behalf if they can't make them on their own.

Under the Texas Estates Code, a medical power of attorney takes effect when your child's attending physician certifies that they lack the capacity to make their own healthcare decisions. It's a critical safety net.

2. HIPAA Authorization. A HIPAA authorization is separate from a medical power of attorney. It gives you permission to access your child's medical records and speak with their healthcare providers—even when your child is perfectly capable of making their own decisions.

Think of it this way: the medical power of attorney kicks in during emergencies. The HIPAA authorization lets you stay informed day to day.

3. Financial Power of Attorney. A durable financial power of attorney lets your child name you as their agent for financial matters. This can include:

• Managing bank accounts
• Dealing with student loan servicers
• Handling insurance claims
• Signing a lease or managing housing issues
• Filing taxes

Without this document, something as simple as calling the bank about a frozen debit card could become a major headache.

4. FERPA Release. The Family Educational Rights and Privacy Act (FERPA) protects your adult child's educational records. Without a signed FERPA release, the university won't share grades, financial aid information, or disciplinary records with you—even if you're writing the tuition checks.

Having the Conversation

Talking to your 18-year-old about legal documents isn't exactly a fun pre-college activity. But it doesn't have to be uncomfortable. Frame it practically:

• "This isn't about us controlling your life. It's about making sure we can help you if something goes wrong."
• "If you're in a car accident and unconscious, the hospital won't tell us anything without these forms."
• "This takes 30 minutes and could save us all a huge amount of stress."

Most young adults understand the logic once it's explained clearly. They're not giving up their independence—they're making sure the people they trust can step in when needed.

Out-of-State Students: Extra Considerations

If your child is attending college in another state, keep in mind:

• Texas documents are generally recognized in other states, but some hospitals may be more familiar with their own state's forms. It's worth having documents that comply with both Texas law and the state where your child will be living.
• Name a backup agent who lives near campus. If you're in The Woodlands and your child is in Boston, having a local emergency contact who can make decisions quickly could be valuable.
• Keep copies accessible. Your child should have copies of these documents in their dorm room, and you should have copies at home. Digital copies stored securely are also a good idea.

Don't Wait for an Emergency

Estate planning for college students isn't about worst-case scenarios—it's about being prepared. These documents are simple to create, inexpensive to put in place, and give your entire family peace of mind during what's already a big transition.

We help families across The Woodlands prepare these essential documents every summer before the fall semester begins. The process is straightforward and typically takes just one appointment.

Contact Dickey Law Group today to schedule a consultation. We serve families throughout The Woodlands, Spring, Conroe, and the Houston metro area. Call (832) 521-4414.