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Kids & Family

Don't send your incoming freshman off without these legal protections!

It is urgent that you get these forms in place before you drop off your incoming freshman student at college!

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August represents a very exciting time for college freshmen! Your son or daughter is now heading off to college, and while you’ll be busy helping them settle into campus life, it's crucial to remember that once they turn 18, your parental rights undergo some significant changes. While you will always be their parent, this transition into adulthood means they have more freedom (through the legal system), which may cause some significant hurdles in terms of being a parent. To ensure you can still support them in important decisions or emergencies, it’s essential to have specific legal documents in place.

The following 6 things are what you need to get in order before you drop your student off to protect them and your rights as a parent:

1: FERPA Documentation

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The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. When a student turns 18 or enters a postsecondary institution, FERPA rights transfer from the parents to the student. To achieve access to your child's records, your student will need to grant you permission. FERPA authorization forms are provided by the colleges, which allows you to request information such as academic standings and grades. This is something all parents should know. Remember, FERPA is not only protecting you, but your investment in your child's education.

2: Health Care Power of Attorney

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A Health Care Power of Attorney (HCPA) or medical power of attorney (POA) is a legal document that allows you to make medical decisions on the behalf of your child if they are unable to do so themselves. This is extremely important in case of an emergency where it is important to act quickly. Your child can designate you as their healthcare agent through this document.

3: HIPAA Authorization

The Health Insurance Portability and Accountability Act (HIPAA) is a law that governs the privacy of medical information. Without authorization from HIPAA, healthcare providers are legally not allowed to discuss or share any of your child’s medical needs with you. By having this authorization in place, you can stay informed and make the proper decisions about your child's health.

4. FERPA Financial POA

In addition to educational records, you may also need to manage financial matters related to your child’s education, such as dealing with tuition or financial aid. A FERPA Financial Power of Attorney allows you to access and manage financial information related to your students educational expenses and records.

5. Educational Record Release

Apart from the standard FERPA authorization, you may need a more specific Educational Record Release form. This document allows you to request and obtain detailed information regarding your child’s academic progress and any other relevant educational records.

6) Divorced/ Separated Parents

When dealing with college financial aid and records, divorced or separated parents need to be aware of a few regulations. Since FERPA gives students control over their educational records, BOTH parents need the student’s permission to access these records.

Since HCPA and HIPAA are more geared towards medical records and health decisions, only those with proper legal authority are protected by these laws. Divorced or separated parents must ensure they understand who has the right to make decisions and access information related to their child’s health care.

When it comes to a FERPA Financial Power of Attorney, only ONE parent is allowed to access their child’s financial aid information. The student must grant this access through the POA, and it is crucial for parents to coordinate and respect the student’s privacy preferences while discussing financial aid matters.

So what is the affordable solution to going about handling all of this?

Mama Bear Legal Forms!!
For parents seeking essential legal documents to support their adult children, the “Young Power of Attorney” package from Mama Bear Legal Forms is a great option. This package is specifically designed to address the legal needs that arise when your child turns 18.
Young Power of Attorney Package:

  • Price: $79
  • Includes:
    • Healthcare Power of Attorney
    • Finance Power of Attorney
    • HIPAA Release & FERPA Waiver
    • Free Documents for 2nd State
    • Free App for Scanning & Storing Forms

This affordable package provides peace of mind and ensures that you have the necessary legal tools to support your child even as they gain independence.

While your child’s transition to adulthood signifies a new chapter in their life and yours, having the right legal documents can help bridge the gap and ensure you can provide the necessary support when needed. I urge you to discuss these options with your child and make sure all necessary paperwork is completed before they head off to college. It’s an investment in their safety and your peace of mind.

If you found this information helpful and would like to explore further opportunities to guide your child in making important financial and educational choices…
Consider a Free Consultation with Red Oak Financial College Planning. Don’t overpay for college!

_________________________

Mike Velasco, CPA and President
217 Stirling Rd, Building A
Warren, NJ 07059
W: 908.502.7600 C: 908.672.6993
[email protected]
FB: Red Oak College Planning New Jersey
IG: @redoakcollegeplanning

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