You’ll Always Be Mom or Dad, Even When the Law Says You’re Not
Graduation party season is here. Backyards are buzzing, cupcakes are disappearing fast, and proud parents everywhere are watching their kids celebrate a major milestone. In just a few more weeks, many of these high school seniors will be packing up their lives and heading off to college.
But amidst the diplomas and dorm checklists, there is one crucial aspect that is often overlooked: once your child turns 18, you can no longer make medical decisions for them or access their health information without specific legal documents. This is true even if they are still on your insurance, living at home for the summer, or if you are paying for their tuition.
In the eyes of the law, your child is now an adult. And that changes everything.
Why This Matters: Emergencies, College, and Medical Decisions
Imagine your child is away at school this fall or traveling with friends this summer. If they’re in an accident or suddenly hospitalized, you might expect a call from the doctor or hospital. But without proper legal authorization, you could be shut out completely. HIPAA and privacy laws discourage and even prevent healthcare providers from disclosing information in many cases.
That’s why every Ohio parent should consider having their child sign a few simple legal documents before they head off to college:
- Ohio Healthcare Power of Attorney
This document allows your now-adult child to designate you (or another trusted adult) to make healthcare decisions on their behalf if they become incapacitated.
- Can include HIPAA language to give you access to medical records
- Without it, you may need to seek emergency guardianship through the courts
- HIPAA Authorization
Even if your child is conscious and wants you to be informed, healthcare providers still need written consent to share information with you.
- A separate HIPAA authorization ensures you can be looped in, even if it’s not an emergency
This document is especially useful if your child receives routine care at school or is studying abroad.
- FERPA Release (If They’re in College)
The Family Educational Rights and Privacy Act (FERPA) protects student education records. That means once your child enrolls in college, you won’t have access to their grades, transcripts, or disciplinary records, unless they sign a FERPA release.
- Most colleges offer this form through the registrar or student portal
- Some schools allow students to selectively authorize what can be shared and with whom
Why It Matters
These aren’t just legal formalities: they’re a practical and compassionate way to make sure you can be there for your child when they need you most. With these documents in place, you’ll be able to:
- Speak to doctors and get updates in an emergency
- Avoid delays and legal red tape
- Make informed decisions on your child’s behalf, if needed
When Should You Do This?
Now is the best time to handle this: while your teen is still home for the summer and before the move to campus begins. These forms are simple to prepare and can save a great deal of stress and confusion during a medical emergency. Once they are on campus, who knows when they’ll have time to sign these documents again?
Need Help Getting These Documents in Place?
If you’d like to make sure your child is protected (and that you’re not stuck on the sidelines when it matters most), let’s set up a short call. It’s a small step that brings big peace of mind, just in time for this exciting new chapter.