Essential Legal Documents for College Students: Preparing for the Unexpected

As your child heads off to college, you have likely focused on dorm essentials, textbooks, and meal plans. However, there is a crucial aspect of preparation that many families overlook: legal documents. In Pennsylvania, college students should consider having a Durable General Power of Attorney, a Durable Health Care Power of Attorney, a Living Will, and possibly even a Will. Here's why these documents are important and what they entail:

1. Durable General Power of Attorney - A Durable General Power of Attorney allows your college student to designate someone (typically a parent) to manage their financial and legal affairs if they become incapacitated or unable to do so themselves. This document can be crucial for:

• Accessing bank accounts
• Paying bills
• Signing legal documents
• Managing investments or property

Without this document, parents may find themselves unable to help their child manage important matters in an emergency.

2. Durable Health Care Power of Attorney - This document appoints someone to make medical decisions on behalf of the student if they are unable to do so. It is particularly important because:

• Once a child turns 18, parents no longer have automatic rights to make medical decisions for them
• It ensures the student's wishes are respected in medical situations
• It can prevent delays in critical care decisions

3. Living Will - A Living Will, also known as an Advance Directive, outlines a person's wishes for end-of-life care. While it may seem premature for a young adult, it's a crucial document that:

• Specifies preferences for life-sustaining treatments
• Provides clarity in extremely difficult situations
• Relieves family members from making gut-wrenching decisions without guidance

4. Will – This document is used to distribute assets, establish trusts, name guardians and trustees, and name an executor to administer your estate. While not always necessary for college students, a Will can be important if the student has significant assets that do not include beneficiary designations, or wants to specify how their belongings should be distributed in case of death.

Why These Documents Matter

Many parents assume they can automatically make decisions for their college-age children in emergencies. However, once a child turns 18, they're legally considered an adult. This means:

• Medical providers may not share information with parents due to HIPAA regulations
• Financial institutions won't allow parents to access accounts or make transactions
• Important decisions could be delayed or made by someone unfamiliar with the student's wishes

While it is not pleasant to think about worst-case scenarios, having these legal documents in place provides peace of mind for both students and parents. They ensure that if an unexpected situation arises, your college student's affairs can be managed according to their wishes, by people they trust.

As your child embarks on this new chapter of independence, take the time to discuss and prepare these important legal safeguards. It is a mature step towards adulthood that can make a significant difference in a time of crisis.

Remember, laws can vary, and individual situations may be complex. Always consult with a qualified estate planning attorney for personalized advice tailored to your specific circumstances.

If you would like a consultation on this or any legal matter, do not hesitate to contact Scaringi Law at 717-657-7770.