The 5 Biggest Estate Planning Mistakes Parents Make Before Sending a Child to College

For many families, sending a child off to college is an exciting milestone. Between shopping for dorm room essentials, attending orientation, paying tuition, and helping them settle into a new chapter of life, there is plenty to do before move in day.

However, one important item is often left off the checklist: making sure your child has the legal documents they may need once they turn 18.

Many parents are surprised to learn that when their child reaches the age of 18, they become a legal adult. Even if you are paying their tuition, covering their health insurance, or claiming them as a dependent, your legal rights as a parent change.

While no one wants to think about emergencies, taking a few simple steps before your child leaves for college can help ensure your family is prepared if the unexpected happens.

Here are five of the biggest estate planning mistakes parents make before sending a child to college.

1. Assuming Someone Will Automatically Notify You in an Emergency

Imagine your child is injured during a college sporting event, involved in a car accident on the way back to campus, or experiences a medical emergency while away at school.

Most parents assume they will receive an immediate phone call from the college or hospital. Unfortunately, that is not always the case.

Colleges typically encourage students to provide emergency contact information, and many schools will attempt to contact those individuals during a serious emergency. However, parents should not assume they will automatically receive every update or that they will immediately be contacted simply because they are the student’s parent.

Likewise, hospitals must follow privacy laws and other legal requirements when communicating with family members.

A Health Care Proxy allows your child to appoint someone they trust, often a parent, to make medical decisions if they become unable to communicate. While this document does not guarantee you will receive the first phone call, it helps ensure the person your child chooses has the legal authority to make healthcare decisions if they are unable to make them on their own.

Having this document in place before your child leaves for college can provide valuable peace of mind for the entire family.

2. Believing You Will Automatically Have Access to Medical Information

Even if you arrive at the hospital, you should not assume doctors can discuss every aspect of your child’s condition with you.

Once your child turns 18, federal privacy laws may limit what healthcare providers can share without your child’s permission.

A HIPAA Authorization allows your child to give healthcare providers permission to share medical information with the people they choose, such as a parent or another trusted family member.

Without this document, parents may encounter delays or limitations when trying to obtain information during an already stressful situation.

Many parents are surprised to learn that being listed as an emergency contact is not the same as having permission to receive protected medical information. A HIPAA Authorization helps bridge that gap and can make communication with healthcare providers much smoother if an emergency occurs.

3. Forgetting That Emergencies Can Affect More Than Just Medical Care

Medical emergencies often create more than healthcare concerns. They can also create financial and legal challenges.

Imagine your child is temporarily unable to manage their own affairs while recovering from an illness or injury. Rent may still need to be paid. Tuition payments may be due. Insurance claims may need to be filed. Financial accounts may require attention.

Many parents assume they can simply step in and handle these responsibilities. In reality, that is not always possible.

A Durable Power of Attorney allows your child to appoint someone they trust to handle certain financial and legal matters if they become unable to do so themselves.

Without one, parents may find they cannot access financial accounts, sign documents, or take care of important matters, even when they are only trying to help.

4. Waiting Until Something Happens to Start Planning

No parent wants to imagine their child being involved in a serious accident or medical emergency. As a result, many families put off these conversations because they believe they can always address them later.

Unfortunately, emergencies rarely happen on a convenient schedule.

Whether your child is playing college sports, studying abroad, driving home for the holidays, or simply walking across campus, unexpected situations can arise when you least expect them.

Preparing these documents before move in day is much easier than trying to navigate legal questions during a crisis.

Estate planning is not about expecting something bad to happen. It is about making sure your family has a plan if it does.

5. Thinking Estate Planning Is Only for Older Adults

One of the biggest misconceptions about estate planning is that it is only for retirees or wealthy families.

The truth is that every adult should consider having certain basic legal documents in place, including college students.

Turning 18 is more than a birthday milestone. It is a legal milestone.

For many college students, a basic estate planning package includes:

• Health Care Proxy to designate someone to make medical decisions if they cannot.
• HIPAA Authorization to allow healthcare providers to share medical information with trusted individuals.
• Durable Power of Attorney to authorize someone to handle financial and legal matters if necessary.

These documents are relatively simple to prepare, but they can make an enormous difference if your family ever faces an unexpected emergency.

Help Your College Student Prepare for the Unexpected

Preparing for college involves much more than buying school supplies and decorating a dorm room. It also means preparing for adulthood and understanding the legal changes that come with turning 18.

At MontanaroLaw, we help New York families create estate plans that provide peace of mind during every stage of life. For families with children heading off to college, that often includes preparing a Health Care Proxy, HIPAA Authorization, and Durable Power of Attorney so parents and students can feel confident they are ready for the unexpected.

If your child is preparing to leave for college, now is the perfect time to have these important conversations. Contact MontanaroLaw today to schedule a consultation and learn how a few simple estate planning documents can help protect your child and provide peace of mind for your entire family.