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Q: I am a Recent High School Graduate Heading To College. Are There Any Legal Documents I Should Be Signing?
Yes, you should consider signing a Health Care Proxy and Durable Power of Attorney. These two estate planning documents are essential for anyone over the age of 18. Once you are legally an adult, there is no other person, including your parents, with the legal authority to make health care decisions or manage money for you. This is the case even though parents may be helping pay your tuition, you may still be covered under their health insurance plans, and are claimed as a dependent on their tax returns. That means if a young adult is in an accident and becomes disabled, even temporarily; a parent might need court intervention and approval through a guardianship proceeding to act on his or her behalf.
What Does a Health Care Proxy Do?
Identifying and legally authorizing someone to act for you if you cannot act for yourself is a smart step to take as you embark on this new adventure away from home. Having a Health Care Proxy authorizes an agent of your choosing to make medical decisions on your behalf if you are incapacitated and cannot make them for yourself. The agent will also have access to your medical records during any time that you are incapacitated.
What is a Durable Power of Attorney?
The Durable Power of Attorney appoints a trusted family member, friend or adviser as an agent to act, if need be, in a variety of financial and legal matters. The power of attorney is effective after you sign it but cannot be used by the agent until after the agent signs. This means you can appoint someone and then hold onto the document, only releasing it to the agent if they need to use it to act on your behalf.
Who Should You Select As Your Agent?
In many cases, the parent will be the most obvious person to put in charge of both medical and legal matters. However, if relationships are strained, another trusted adult can be named. For example, this could be an aunt, uncle or older sibling. A successor, or backup, should be named in case the agent is unable or unwilling to serve.
When Else is a Power of Attorney Useful?
Beyond the fear of becoming incapacitated, the Durable Power of Attorney can also be useful in a variety of situations. If you are studying away from home or plan to study abroad outside of the country, you may need a trusted person to sign legal documents for you, such as a lease for an apartment for an upcoming semester, or otherwise represent you. In case of an emergency, having a power of attorney makes it easier to contact the local embassy or wire money.
When heading off to college, you want to consider having a lawyer prepare these documents, meet with you and explain the significance.
By: Brit Burner, Esq.
Britt Burner, Esq. is a Managing Partner at Burner Prudenti Law, P.C. focusing her practice areas on Estate Planning and Elder Law.
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