As your child heads off to college, there is plenty to think about—packing, settling into dorm life, and navigating the challenges of higher education. However, one critical matter that many families overlook is setting up a Power of Attorney (POA).

Once your child turns 18, the law considers them an adult, which means that, as a parent, you no longer have the automatic right to make important decisions on their behalf. A POA can help ensure that you are still able to assist your child in crucial situations, even from a distance.

At Huizenga Law Firm, P.C., we understand how important it is to protect your child’s future. Establishing a POA is a smart step toward safeguarding their health and financial well-being during their college years.

What is Power of Attorney?

A Power of Attorney is a legal document that allows one person (the agent) to make decisions and take actions on behalf of another person (the principal).

For college students, a POA is a way for parents or guardians to step in if necessary, whether they’re dealing with health issues, financial matters, or other critical situations.

As students enter adulthood, they may still need help managing certain aspects of their lives—especially if an emergency arises while they are away at school. Having a POA in place gives parents the peace of mind that they can assist their child in those moments.

Types of Power of Attorney for College Students

There are different types of POA documents, and for college students, the most common are Medical Power of Attorney, Financial Power of Attorney, and Durable Power of Attorney. Each serves a specific purpose and can be tailored to the needs of your family.

Medical Power of Attorney

A Medical Power of Attorney allows parents to make healthcare decisions on behalf of their child if the student becomes incapacitated or unable to communicate. This can be crucial in urgent situations regarding treatments, surgeries, or other health-related matters.

Additionally, without a Medical POA, parents may not be able to access their child’s medical records due to privacy laws like HIPAA. Having this document in place ensures that you will have the authority to make informed decisions about your child’s care.

Financial Power of Attorney

A Financial Power of Attorney gives parents the authority to manage their child’s financial matters if needed. This can include tasks like paying bills, handling bank accounts, managing student loans, or even filing taxes.

For example, if your child is studying abroad or dealing with a health crisis, having a Financial POA can allow you to take care of their financial responsibilities without delay. This ensures that nothing slips through the cracks while your child is focused on their education or recovery.

Durable Power of Attorney

A Durable Power of Attorney is a document that remains in effect even if the principal (in this case, your child) becomes incapacitated. This type of POA can be used to cover both medical and financial decisions, and it is especially useful for long-term planning.

Unlike a standard POA, which may end if the principal becomes incapacitated, a Durable POA continues to give the agent authority to act, making it an important consideration for families who want comprehensive protection.

Why Iowa College Students Need a POAs

In Iowa, turning 18 brings legal adulthood, which means that parents no longer have automatic rights to manage their child’s medical, financial, or academic affairs. Without a POA, parents could face challenges in acting on their child’s behalf, even in emergencies.

Here are a few key reasons why a POA is important for college students:

  • Medical Emergencies: If your child is involved in an accident or faces a serious health issue, having a Medical POA allows you to make decisions about their care. Without it, you may be unable to access their medical information or make necessary decisions.
  • Managing Finances: From managing student loans to paying tuition, there are several financial responsibilities that may require a parent’s intervention. A Financial POA allows you to handle these matters if your child is unable to.
  • Interacting with Academic Institutions: In some cases, a POA may be needed to communicate with the school regarding academic or administrative issues, especially if your child is unavailable due to illness or another situation.

Setting Up a POA in Iowa

The process of setting up a POA in Iowa is straightforward, but it requires careful thought and communication between you and your child. Here are the basic steps:

  1. Discuss the Need for a POA: It is essential to have an open conversation with your child about the benefits of a POA and why it is a good idea, especially as they head off to college.
  2. Determine the Scope of Authority: Decide which type of POA is appropriate and what specific powers the agent should have. This could be limited to medical or financial matters, or it could cover both.
  3. Obtain the Appropriate Forms: Ensure that you are using the correct forms for Iowa. The POA document must clearly outline the responsibilities and powers granted to the agent.
  4. Execution and Notarization: Make sure the document is properly signed and notarized, as required by Iowa law. This step is crucial to ensure the POA is legally valid.
  5. Provide Copies to Key Parties: Once the POA is in place, make sure to provide copies to any relevant institutions, such as the college, healthcare providers, and financial institutions.

Additional Documents to Consider

In addition to a POA, there are other documents that can provide peace of mind for college students and their families:

  • HIPAA Release: This allows parents to access medical information that would otherwise be restricted by privacy laws.
  • FERPA Release: This document grants parents access to educational records that would otherwise be confidential.
  • Advance Healthcare Directive (Living Will): A Living Will allows your child to outline their preferences for medical treatment in the event of a life-threatening situation.

Summarizing Power of Attorney

A Power of Attorney is an invaluable tool for families with college students that provides the necessary legal authority for parents to assist their children in critical moments. Taking the time to set up a POA now can prevent significant challenges down the road.

If you are ready to establish a POA for your college-bound child, Huizenga Law Firm, P.C. is here to guide you through the process. Contact us today to ensure your family is prepared for whatever the future may bring.