The summer between high school and college is one of the most exciting for young adults. However, it also comes with a lot of uncertainty for us parents. Once your child turns 18, you no longer have automatic legal authority to make medical or financial decisions for them. Although you can no longer legally track your child or set a curfew, there are still ways that you can be involved in their life when they need you the most. This is where a student protection plan — typically including a medical power of attorney and a durable power of attorney — becomes essential for Tennessee families.
Why College Students Need a Medical Power Of Attorney
A medical power of attorney (sometimes called health care power of attorney) appoints you as your child’s “medical agent.” This designation allows you to make medical decisions on their behalf if they become incapacitated and unable to do so on their own. For example, your 19-year-old son is injured in a vehicle accident and is unconscious at a local hospital. Without a healthcare power of attorney, medical decisions are made by a court-appointed guardian, and you may not be consulted about the next steps. His medical team can do only what this guardian requests, and you are legally prohibited from viewing their medical records or asking for specific treatments or therapies. With a power of attorney in place, doctors can discuss your child’s condition with you and you can then make decisions that you believe are in your child’s best interest.
Although you should only have one primary medical agent, it can be helpful to have a secondary and tertiary that can take the lead if the primary is unavailable.
How a Durable Power of Attorney Protects Your Child’s Finances
A durable power of attorney is a broader term that allows you to access and control your child’s finances and legal decisions if they are unable. You could apply for government benefits, sign a lease, pay bills, open or close bank accounts, and handle other important financial and/or legal matters for your young adult child. A durable power of attorney is crucial alongside a medical power of attorney because it helps parents in Tennessee protect their child’s financial stability during emergencies. This may reduce the chances of your child experiencing credit issues down the road if they’re incapacitated and unable to physically pay their bills.
Student Protection Plan Checklist: With vs. Without
- With a Student Protection Plan: Parents can access medical records, make treatment decisions, pay bills, and handle leases.
- Without a Student Protection Plan: Courts may appoint a guardian, parents may be left out of decisions, and financial issues can quickly escalate.
Creating a Student Protection Plan is simple! Click here to learn more.
If you need estate planning help and live in Nashville, Franklin, Columbia, Spring Hill, or the surrounding Middle Tennessee areas, contact The Law Offices Of Trent Linville today. Our team regularly helps parents prepare student protection plans so that they can care for their college-age children in case of emergencies.
