Simple Legal Documents to Protect Your Adult Student
By Kent State Student Legal Services
Student Legal Services at Kent State is a non-profit law firm that has a contract with Kent State University to represent students in a variety of legal matters, common to college students. The program and representation is paid for by a modest $10 per semester, waiverable, activity fee assessed along with the student's tuition. Student Legal Services has an office in Downtown Kent and is staffed by two experienced licensed attorneys. For further details about Student Legal Services, please visit www.kent.edu/sls
When your student turns 18, they legally become an "adult". Their legal status changes. You, as a parent, no longer have authority over their medical, financial or educational decisions or access to their information. This remains the case regardless of whether they remain on your health insurance coverage, you claim them as dependents for tax purposes or support them financially including paying for their education.
But in this transition from child to adult, parents still retain a strong interest and practical need to be involved in many of these areas and decisions. There are several legal documents that aid in making this transition easier, allowing parents to participate in these decisions while at the same time, gaining access to critical information with the consent of their adult students.
Important Documents
Perhaps the most important of these documents are the "HIPAA release" and "Power of Attorney for Health Care". In the age of COVID-19 pandemic along with acknowledging college aged people tend to be involved in more accidents than other age groups, these documents are critical. Student Legal Services offers the option to draft these documents to help prepare you and your students, not to scare you! If you want access to your students medical records you must have a HIPPA (Health Insurance Portability and Privacy Act) release this information even if they are on your health insurance. However, this release does not give authority to make actual medical decisions for your students, even if they are unable to do so or are incapacitated.
Another option is that your student can execute a "Healthcare Power of Attorney" in favor of of the parents or relatives to designate the ability to make these healthcare decisions immediately without having to petition a court. An extra step is a "Living Will" which designates instructions for end-of-life treatment. Once completed, parents should hold onto original copies in a safe place along with their other important papers and furnish a copy to their students to keep with them on campus, also in a safe place.
Other documents may be executed to confer further powers and authority of a less dire nature. A financial power of attorney can enable parents access to their students financial information and bestow general or very specific powers (over only certain transactions, accounts or matters) and for particular periods of time. Education records are also private, and cannot be divulged by the university to the parent even if the parent is paying the tuition. These can include records such as grades or disciplinary proceedings against the student. These records are protected by FERPA (Family Educational Rights and Privacy Act).
Each one of these legal instruments can help ease the transition of decision-making from parent to student and protect students interests, giving parents peace of mind. But it's critical to remember the decision to execute such documents is the adult student's alone. They retain the right to revoke such documents at any time for any reason. If Student Legal Services is retained by the student to draft such documents, the student -- not the parent -- is the client and Student Legal Services cannot ethically divulge these conversations or decisions of the student to the parents without the student's consent.
I'm interested, what do I do next?
If you and your student(s) are interested in exploring what legal documents are available to protect the students healthcare, financial and educational information and decisions, have your student contact Student Legal Services to set up a confidential, contactless appointment. We can be reached by phone at 330-672-9550 or email at studentls@kent.edu. You can also visit our website at www.kent.edu/sls to see all the other services we offer your students.
Thanks and have a happy and healthy fall semester!