Why your college-bound teen needs power of attorney documents before leaving home
As summer begins and Idaho families prepare to send their young adults off to college or into independent living, most parents focus on dorm room essentials, meal plans, and academic schedules. However, there's one crucial item that often gets overlooked on the pre-departure checklist: power of attorney documents.
The Reality of Legal Adulthood
The moment your child turns 18, they legally become an adult in the eyes of Idaho law. This milestone brings newfound freedoms, but it also creates an unexpected barrier between parents and their children during potential emergencies. Without proper legal documentation, parents may find themselves unable to access their child's medical records, speak with doctors, or handle financial matters if their young adult becomes incapacitated.
When Emergencies Strike
College campuses and young adult living situations present unique risks. From accidents during sports to serious illness outbreaks in residence halls, medical emergencies can happen without warning. Consider these scenarios:
• Your daughter is hospitalized after a car accident near the University campus, but doctors won't discuss her condition with you
• Your son needs emergency surgery at the hospital in his new city, but you can't authorize treatment or access his insurance information
• A mental health crisis requires immediate intervention, but you're legally powerless to help coordinate care
Without power of attorney documents, parents may need to petition the court for guardianship or conservatorship, a process that can take months and cost thousands of dollars while their child remains in crisis.
Essential Documents for Young Adults
Every Idaho young adult should have two critical power of attorney documents before leaving home:
Medical Power of Attorney (Healthcare Directive): This document allows designated agents — typically parents — to make healthcare decisions when the young adult cannot. It also includes HIPAA authorization, ensuring medical professionals can share information with parents during emergencies.
Financial Power of Attorney: This grants authority to handle financial matters, from paying tuition and rent to accessing bank accounts and dealing with insurance claims. The document can be structured to activate only during incapacitation or to allow ongoing assistance with financial management even when a young adult in not incapacitated.
Idaho-Specific Considerations
Idaho law requires specific language and formalities for valid power of attorney documents. The state's Power of Attorney Act, found in Idaho Code Title 15, Chapter 12, establishes requirements for execution and recognition. Additionally, Idaho's healthcare directive statutes provide frameworks for medical decision-making authority.
Many out-of-state colleges and medical facilities readily accept properly executed Idaho power of attorney documents, but having documents that meet both Idaho requirements and common standards used by institutions nationwide ensures smoother emergency responses.
Acting Before It's Too Late
The best time to establish these documents is while your young adult is healthy, mentally competent, and at home where they can work with familiar legal counsel. Waiting until after they've left for school or moved away creates logistical challenges and potential delays.
As an Idaho estate planning attorney, I regularly see families who wished they had addressed these issues earlier. The relief parents feel knowing they can legally advocate for their child during emergencies is immeasurable, and the process is far simpler than most families expect.
Getting Started
Power of attorney documents for young adults are typically straightforward and cost-effective compared to the potential expenses and complications of emergency guardianship proceedings. Many Idaho families find that addressing these legal needs provides peace of mind for both parents and young adults as they navigate this important transition.
Don't let your college-bound student leave home without this essential legal protection. Contact an experienced Idaho estate planning attorney to ensure your family is prepared for whatever challenges lie ahead.
My law firm is currently offering free telephonic, electronic, or in-person consultations concerning adult guardianships, probates, and creating or reviewing estate planning documents.
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Robert J. Green is an Elder Law, Trust, Estate, & Guardianship Attorney and the owner of Kootenai Law Group, PLLC in Coeur d’Alene. If you have questions about estate planning, probates, wills, trusts, powers of attorney, guardianships, Medicaid planning, or VA Benefit planning, contact Kootenai Law at 208-765-6555, Info@KootenaiLaw.com, or visit www.KootenaiLaw.com.
This has been presented as general information and not as legal advice. Do not engage in legal decision-making without the advice of a competent attorney after discussion of your specific circumstances.