Sending your child to college requires a laundry list of things to check off. Something to keep in mind is that your “child” is 18 and an adult. When making your list of things to send, a laptop, dorm room supplies, etc., keep in mind that a good Power of Attorney for both finances and healthcare is equally important to send to college. As a parent of a child who went off to college to play football, it never occurred to me that I might need a Power of Attorney until he was injured and I wasn’t notified until after he had been taken to the hospital via ambulance, unconscious and had an MRI, because he was 18 and an adult. He was fine, just got his bell rung, but it was an eye-opening experience to get that phone call “Mom, I’m fine”. This is a good time to have that conversation with your now adult.

Once your child turns 18 they are legal adults and you no longer have the authority to manage their affairs. In other words, even if you as the parent still financially assist your child, such as paying for college and health insurance, if something happens to your child such as an accident or incapacitation for any amount of time, without a power of attorney you will have to petition the court to access their finances or make medical decisions on their behalf (Guardianship and/or Conservatorship), both of which can be a lengthy and expensive process.

So, what is a power of attorney? A power of attorney is a legal document where one person (the principal) authorizes another (the agent) to act on their behalf.

Financial powers of attorney allow the agent to make decisions regarding the principal’s property. Healthcare powers of attorney allow the agent to make decisions regarding the principal’s healthcare needs.

An individual does not give up his or her decision-making authority simply by signing a power of attorney. A power of attorney can be broad in scope, giving the agent the ability to make any and all financial and personal decisions for you (General Power of Attorney) or you can limit the agent’s authority by specifying the types of decisions you would like them to make on your behalf (Limited Power of Attorney). You also have the right to allow your agent to make decisions both now and if you become incompetent (Durable Power of Attorney) or your agent can be limited to make decisions only when you become incompetent (Springing Power of Attorney).

The final document everyone over 18 should have is the Health Care Directive or Living Will. This document becomes effective when the patient loses the capacity and enters one of the following medical conditions: terminally ill, comatose, or brain dead, and is a direct written statement of an individual’s wishes regarding the use of life support systems. The Health Care Directive does not operate through the agent. However, it does provide guidance to your health care power of attorney, your doctor, and/or your family members who will be exercising substituted judgement regarding your intent.

Powers of attorney are a relatively low cost and private way to decide which family member or trusted friend will have the legal authority to carry out your wishes if you can no longer speak or act for yourself. If you do not have a power of attorney or if your power of attorney is not drafted properly, and something happens that results in your inability to make decisions, your family/friends may later face court proceeding and court supervised Guardianship and/or Conservatorship. Not only is this costly, but the person appointed may not be the person whom you would have chosen yourself.