Is Your Kid off to College? Don't Forget These Legal Documents

April 11, 2025
Bradley Campbell
estate planning attorney tyler tx will help with legal documents for your college student
Ensure your college-bound child's safety and peace of mind with essential legal documents for college students. HIPAA waivers, powers of attorney, and other documents are indispensable.
Attorney Bradley Campbell
Bradley Campbell
Bradley Campbell has over 35 years of experience. A trusted advisor and counselor, Attorney Campbell will help you find solutions for your case by focusing on personal attention, communication, and professionalism. If you need an attorney for probate, business law, or real estate with the experience and understanding to serve you with the individualized care and attention that your case deserves. Attorney Campbell provides consultations throughout the week at our convenient locations in Tyler, TX and Mineola, TX.

Sending a child off to college is an exciting milestone. Dorm supplies, laptops, and course schedules are often top priorities—but there’s something even more important that many families overlook: legal documents that protect your ability to help your child in an emergency.

Once your child turns 18, the law recognizes them as an adult. This means parents lose the automatic right to access medical records, make healthcare decisions, or even discuss academic progress with the college—unless the proper legal documents are in place.

At Campbell Law Firm, we regularly guide families through this process. If you're searching for an estate planning attorney in Tyler TX families trust, we’re here to help you get these documents prepared before your student steps onto campus.

Without the right paperwork, parents can find themselves powerless in the face of a crisis. Whether your child is out of state or studying abroad, these documents allow you to step in when it matters most—without legal barriers.

Here are the key documents every college-bound student should have:

1. HIPAA Authorization Form

The Health Insurance Portability and Accountability Act (HIPAA) protects a patient’s private medical information—even from parents. With a signed HIPAA authorization, your child grants you access to their health records and allows providers to communicate with you in emergencies.

This document is critical, especially for students with existing health conditions or those receiving ongoing care.

2. Medical Power of Attorney (Health Care Proxy)

If your child becomes ill or injured and cannot make their own medical decisions, a medical power of attorney allows you to step in. Without this document, doctors may be forced to rely on court orders or unrelated parties to make important health decisions.

Parents who live in different states or are divorced should each have copies of this form in place to avoid delays in critical situations.

3. Durable Power of Attorney

This form gives parents legal authority to manage a child’s financial affairs—like accessing bank accounts, paying bills, or managing tuition—if the student becomes incapacitated or is unavailable, such as during study abroad programs.

A durable power of attorney remains valid even if your child is temporarily or permanently unable to act for themselves.

4. FERPA Waiver

Many parents are surprised to learn that they can’t access their child’s grades or tuition information without a signed FERPA waiver. Under the Family Educational Rights and Privacy Act (FERPA), once a student turns 18, their academic records are protected—even if you’re footing the bill.

Each college or university has its own FERPA form, typically available through the registrar or financial aid office.

Beyond the four essential legal documents, there are a few more things to prepare before your child heads off.

Wills and Trusts

If your child has assets—like a car, savings, or investment accounts—they should consider a simple will or revocable trust. These tools help protect assets and ensure they’re handled according to your child’s wishes in the event of an untimely passing. Read more about what legal documents are needed in any estate plan.

Proof of Identity

Make sure your child has access to critical documents like their Social Security card, passport, and birth certificate. These are often needed for internships, part-time jobs, or travel.

Insurance Coverage

Double-check that your health, auto, and homeowner’s insurance extend to your student’s out-of-state or on-campus living situation. If they’re renting off-campus, consider renters insurance. If they’re traveling abroad, look into medical evacuation coverage.

Medical and Dental Appointments

Before leaving town, schedule appointments to update prescriptions, address chronic health issues, and review immunizations. Ensure your child knows how to manage their care while away from home.

Bank Accounts, Voter Registration, and Selective Service

If your family’s bank doesn’t have a branch near your child’s school, consider opening an account with a local institution. Make sure both parent and child have access, especially in emergencies. And don’t forget—18-year-olds need to register to vote and, for young men, register for Selective Service.

Work with an Estate Planning Attorney in Tyler, TX

Planning for your child’s next chapter includes more than just textbooks and dorm décor. These legal documents ensure that you’re able to protect and support them when it matters most. While many forms are available online, it's crucial they meet Texas legal standards—especially if your child is attending school in another state.

Before your child leaves town for college, work, or the next chapter in their life, meet with Tyler Estate Planning Attorney Bradley S. Campbell who can help you execute the proper legal documents needed to continue to be actively involved in your child’s well-being. Book a consultation with his office today; it's one more thing to add to the list but way too important to overlook.

Reference: WSJ (Aug. 14, 2023) “Before Your Child Goes to College, Complete These 6 Important Documents - WSJ

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