A family member recently reached out for help; her 18-year-old daughter is leaving for college at the end of August and she wanted to know if there were any documents she should have her daughter sign that would make both day-to-day and emergency situations easier for them both. In addition, the family lives in one state and the college is located in another. She wasn't sure if that made any difference. I've always know that this mom was a smart woman, and her excellent questions and concerns just confirmed that. This is what I advised:
The federal law governing privacy of medical records applies in all states and would mean that the medical records of this college freshman would not be accessible to her parents. In addition, the student's doctors could not discuss her medical condition with her parents, even in an emergency. I suggested that the parents speak to the young woman and that they should discuss the benefits (and privacy concerns) of having her execute a general HIPAA Release Form allowing her doctors to speak with her parents. In addition, many student health services have their own forms and, if the student agrees, she should execute that form as well.
While we are on the subject of federal laws, FERPA, which protects the privacy of student records, gives students over 18 and those in college the sole right to their educational records. As we noted in a post back in 2010 (it's sometimes hard to believe we have been blogging for ten years and have posted almost 1100 blog posts!) FERPA has numerous exceptions, but we advised that our family member should have her daughter execute a FERPA release form (often available at the office that generates student grades/records) to allow her parents to access her educational records. In addition, students who are registered with their campus Office of Disability Services should check to see if there is a separate form that is used by that office.
HEALTH CARE PROXY
This form, which can have different names in different jurisdictions, would allow the student's parents (or anyone else she designates) to make medical decisions when she is not able to do so. This is different than just medical information (covered by the HIPAA release) but is used for such serious situations as where someone is unconscious or so ill or injured that issues of life support come into play. I urged that the parents and student have a serous conversation about this form and that all involved understand its purpose and the wishes of the student executing it. Sometimes, this form is prepared in connection with a document called a Living Will, which is a written expression of how the party executing it feels about issues like artificial respiration and tube feeding. Note that this latter document is advisory, while the Health Care Proxy is a binding authority. Different states have different forms for this document, so I suggested to my relative that she search online for forms from reputable sources in each relevant state and make sure that the form they use covers the requirements for both state of residence and the state where the college is located. In general, these forms need to be witnessed. A form from the New York State Department of Health, fillable and with a lengthy Q and A section, is available online.
This forms above will be sufficient for most situations, but some families also may choose to have their student execute a Durable Power of Attorney, a form that allows the person who signs it (here, the student) to give someone authority during the signer's lifetime to handle financial, business, banking, and other matters. The form can be useful if the student has assets or an interest in property. Different states use different forms and these forms can be a bit confusing to create. You may want to speak to an attorney if your family circumstances warrant creating this document. Likewise, most students this age neither need nor have a Last Will and Testament, but special situations may make this document important and now would be a good time to have one prepared by an attorney.
With all the paperwork completed, students and their families can concentrate on much more enjoyable issues, like decorating their dorm room, meeting new roommates, and hitting the college store for their stock of mugs, banners, and t-shirts. Here's to a great start to college!