Palace in Underland

Always wandering and wondering while chasing a raccoon down a beaver dam. Special needs. Disability. Caregiving. Adulthood. Real life. A little chaos.


Why College Students / Young Adults Need a POA or DPOA

Traveler crossing a bridge toward a riverside town and clock tower

Your child turns 18.

You celebrate.

You might cry a little.

You might wonder where the last 18 years went.

And then, suddenly, something changes that nobody really puts on the giant parenting checklist:

You are no longer automatically allowed to handle things for your child.

Even if they’re still living at home.

Even if you’re paying the tuition.

Even if you’re still doing their laundry.

Even if you are absolutely, positively still the person they call when they can’t figure out how the washing machine works.

Legally, your child is an adult.

And that means there are certain things you may no longer be able to do for them automatically.

That’s where a Power of Attorney, or POA, and a Durable Power of Attorney, or DPOA, can become important.

And no, this isn’t just something for wealthy people, married people, older people, or people with complicated financial lives.

Your college student should at least understand what these documents are and consider whether they need them.

Because college students are adults.

And adults occasionally have catastrophically inconvenient things happen to them.


First: What Is a POA?

A Power of Attorney, or POA, is a legal document that allows one person to give another person authority to act on their behalf.

The person giving the authority is generally called the principal.

The person receiving the authority is generally called the agent or attorney-in-fact.

And despite the name, an attorney-in-fact does not necessarily mean an actual attorney.

It’s simply the person you’ve authorized to act for you.

A POA can be broad or limited.

It can authorize someone to handle specific things or a larger range of responsibilities, depending on the document and applicable state law.


What Makes a POA “Durable”?

A Durable Power of Attorney, or DPOA, is generally designed to continue even if the person who created it later becomes incapacitated, depending on the document and state law.

That’s important.

Because the whole point of planning is to make decisions before there is an emergency.

Your college student gets to decide:

“If I can’t handle this myself, who do I trust to help?”

That’s very different from:

“My parents are taking over my life.”

This is about giving your student control over who can step in if they need someone to step in.


Financial POA

A financial POA or DPOA can allow someone to handle financial matters on another person’s behalf.

Depending on the document, that could involve things such as:

  • Banking
  • Bills
  • Insurance
  • Financial accounts
  • Housing
  • Contracts
  • Other financial or property matters

The exact authority depends on the document and applicable law.

And your college student doesn’t necessarily need to give someone unlimited authority.

The document can be structured according to what makes sense for them.

They may choose a parent.

They may choose another trusted adult.

They may choose a different person altogether.

The important part is:

Your college student gets to choose.


But What About Healthcare?

This is where terminology gets confusing.

Healthcare decision-making documents have different names depending on the state.

You may hear:

  • Healthcare Power of Attorney
  • Healthcare Proxy
  • Healthcare Representative
  • Patient Advocate Designation
  • Advance Directive

They’re not necessarily identical from state to state.

The basic idea is that your adult child can designate someone they trust to make healthcare decisions for them if they become unable to make or communicate those decisions themselves.

And this is a really important distinction:

Your child is still the decision-maker while they are capable of making their own healthcare decisions.

The person they designate isn’t automatically taking over.

They’re there for the situation where your child can’t make or communicate the decision.


“But I’m Their Parent.”

Yes.

You are.

And you may still be the person your child wants involved.

But once your child is an adult, being their parent does not automatically give you unlimited authority to make their financial or healthcare decisions.

And that’s where things can get complicated very quickly.

Imagine your college student is away at school.

They are hospitalized after an accident.

They’re unconscious.

You get on a plane.

You arrive at the hospital.

And you discover that being Mom or Dad doesn’t automatically answer every question about who can access information or make decisions.

That’s a terrible time to discover that you needed paperwork.


HIPAA Is Everyone’s Favorite Four-Letter Word

You’ve probably heard of HIPAA.

And you’ve probably heard somebody say:

“They can’t tell you anything because of HIPAA.”

The reality is more complicated.

Healthcare providers may be able to share certain information with family members or other people involved in someone’s care in appropriate circumstances.

But your adult child’s healthcare information is generally their information.

They can authorize people to receive information and can designate someone to participate in healthcare decision-making according to applicable law and documentation.

So instead of assuming:

“I’m the parent. They’ll talk to me.”

Have the conversation with your college student before there is a crisis.

Ask:

Who do you want involved?

What information are you comfortable sharing?

Who should be contacted in an emergency?

Who should make healthcare decisions if you can’t?

Those are adult conversations.

And they’re important ones.


What Happens If Your College Student Is Incapacitated?

This is the scenario nobody wants to imagine.

Your child has an accident.

They have emergency surgery.

They’re unconscious.

They’re experiencing a medical crisis.

They’re temporarily unable to communicate.

Or they’re dealing with some other situation where they cannot manage their own affairs.

Now what?

That’s exactly when having documents in place can matter.

Instead of everyone trying to figure out:

“Who is allowed to do what?”

your student has already made their wishes known.

They’ve already chosen the people they trust.

And you’ve already had the conversation.


Your College Student Doesn’t Have to Choose Mom or Dad

This is important.

Your child gets to choose.

Maybe it’s Mom.

Maybe it’s Dad.

Maybe it’s both.

Maybe it’s a sibling.

Maybe it’s another relative.

Maybe it’s a trusted family friend.

Maybe financial responsibilities go to one person and healthcare responsibilities go to another.

The point is not:

“Your parents should have control.”

The point is:

“You should decide who you trust.”

That’s part of becoming an adult.


This Is Also About Independence

This might sound strange coming from a parent:

Giving your child a POA can actually be part of supporting independence.

You’re not saying:

“You can’t handle your life.”

You’re saying:

“You’re an adult. You get to decide who helps you if you can’t handle something yourself.”

That’s very different.

It’s also consistent with the larger idea of supported decision-making.

A person can be completely capable of making their own decisions while still having people they trust available to help when needed.


What Should College Students Talk About?

Before your child heads off to college—or honestly, whenever you can get them to sit still for five minutes—talk about:

Healthcare

Who should be contacted in an emergency?

Who can receive information?

Who should make healthcare decisions if you can’t?

Where are your medical records?

What medications do you take?

Who is your doctor?

Finances

Who should be able to help with your bank accounts if necessary?

Who can pay your bills?

What happens if you can’t access your accounts?

Who knows where your important financial information is?

Housing

Who should be contacted if there’s a housing emergency?

What happens if you are hospitalized?

Who knows your lease information?

Emergency Information

Where is your insurance information?

Who is your emergency contact?

What allergies or medical conditions should people know about?

Who should be called first?


Don’t Make This Conversation About “Something Bad Happening”

You don’t have to sit your college student down and say:

“Let’s discuss what happens if you are hit by a bus.”

Although…

technically that’s the scenario we’re planning for.

Instead, make it part of the normal transition to adulthood.

You could say:

“You’re legally an adult now, so there are some things I can’t automatically handle for you anymore. Let’s talk about what you want to happen if you’re ever sick, injured, or unable to manage things yourself.”

That’s a much better conversation.

And frankly, it’s a conversation your child should be having whether they’re going to college, entering the workforce, moving into an apartment, joining the military, or simply becoming an adult.


What If My Child Says, “I Don’t Need That”?

That’s okay.

They’re an adult.

The decision belongs to them.

But you can explain the practical reason:

This isn’t about expecting something bad to happen.

It’s about making a plan for something unexpected.

An accident.

A hospitalization.

A serious illness.

A temporary period of incapacity.

Even something as mundane as being stranded somewhere without access to their accounts can create problems.

Nobody plans to need these documents.

That’s kind of the point.


This Is Especially Important for College Students Living Away From Home

When your child lives at home, you may be used to helping with everything.

But college can mean:

Different city.

Different state.

Different healthcare system.

Different bank.

Different apartment.

Different school.

Different emergency contacts.

And suddenly Mom or Dad may be hundreds of miles away.

That’s when having a plan becomes even more useful.

Make sure your student knows:

Who has authority.

Where the documents are.

Who has copies.

Who to call.

And what they actually signed.

Because signing a document and understanding a document are two different things.


Don’t Just Sign Something From the Internet

This is the part where I remind you that I’m not your lawyer.

POA and healthcare documents are legal documents.

Requirements vary by state.

The terminology varies.

Execution and witnessing requirements can vary.

And the authority granted by a document depends on what the document actually says and the law that applies.

So don’t assume that a random form you found online is automatically appropriate for your situation.

For something this important, consider using your state’s official forms or talking with a qualified attorney who understands your state’s requirements.


And If Your Child Has a Disability…

This conversation can become even more important.

But I want to be very clear:

Having a disability does not automatically mean someone needs a guardian.

And it does not automatically mean they can’t make their own decisions.

A person may be completely capable of making many or most decisions independently while still benefiting from support.

A POA, healthcare designation, supported decision-making arrangement, or other less restrictive tool may be appropriate depending on the person’s abilities and circumstances.

The goal should always be:

What support does this person actually need?

Not:

What can we take away because they have a disability?

That distinction matters.


The Conversation I Wish More Parents Had

When your child turns 18, we talk about a lot of things.

College.

Money.

Classes.

Roommates.

Laundry.

Jobs.

Dating.

And whether they’re actually going to remember to eat something besides ramen.

But we should also talk about:

What happens if you can’t speak for yourself?

Who do you trust?

Who should help with your healthcare?

Who can help with your finances?

Where are your important documents?

What do you want?

Because becoming an adult isn’t just about being independent.

It’s also about knowing how to plan for the moments when you aren’t.


The Bottom Line

Your college student is an adult.

That’s a wonderful thing.

And adulthood comes with new rights, new responsibilities, and new decisions.

A POA or DPOA isn’t about parents taking control.

It’s about your adult child deciding:

“If something happens and I can’t handle this myself, this is the person I trust to help me.”

That’s not a lack of independence.

That’s planning.

And honestly?

I would much rather have this conversation over pizza at the kitchen table than while sitting in a hospital waiting room wondering:

“What are we supposed to do now?”

Have the conversation.

Let your student make the decisions.

Get the appropriate documents in place.

And then go back to arguing about whether they’re actually going to do their laundry.



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