By: Kelly Cheung MacDonald, Esq.
Turning 18 is a special milestone. While this is a time for you to spread your wings and grow personally, the law considers you an adult now, whether you are ready or not. So, while you think “Nothing bad will happen to me,” would you take a road trip without a charger for your phone? Preparing ahead of time to address your legal, financial, and healthcare needs will give you and your family peace of mind while you make the most of starting college or your adult life. Whether you are heading to College of the Canyons, CalArts, UCLA, Harvard, studying abroad, or moving out to live with friends, learning how navigate these issues on your own while keeping your parents informed and will put you in the best position to succeed.
Why Bother?
As you make your to-do lists and pack your bags for college, take a moment to think about your “legal laundry list” too: the documents and protections you may need in a “just in case” situation, whether it’s a medical emergency, a dispute with a landlord or roommate, or another unexpected issue.
Wouldn’t it be nice to call your parents for help so you can focus on classes, friends, and enjoying college life instead of navigating a legal or medical crisis alone? The reality is that once you turn 18, your parents often cannot step in automatically without written authorization.
There are countless situations that may arise for the first time in college — car accidents, health emergencies, stolen property, financial scams, housing disputes, and more. While these situations can feel overwhelming, your parents have likely dealt with many of them before and can be an important source of support and guidance. But legally, their hands may be tied unless the proper paperwork is in place.
For example, if you are seriously injured and hospitalized, your parents may not even be able to obtain information about your condition without prior authorization. Life is unpredictable, and while packing a power of attorney may not feel as exciting as decorating your dorm room, it could one day make all the difference.
Just remember that signing documents so your parent or guardian could step in does not mean you are giving up control of your entire life. You are in the driver’s seat in this, and having the documents in order gives you control. You get to define when and where your parents can step in for you, if needed.
The Legal Laundry List
A safety net of legal documents allows you to go on adulting while resting assured that this time of your life will be as smooth of a transition as possible. It is one of the most adult things you could do for yourself. So, congratulations and use this legal laundry list to get started:
1. Health Care Power of Attorney or Advance Health Care Directive (“AHCD”)
You could be seriously injured in an accident while away and if you cannot make decisions on your own, having a health care power of attorney (or also called an Advance Health Care Directive, if you are feeling fancy) will allow you to choose someone you trust, like your parent, to speak to the doctors and hospital staff and follow any specific instructions of how you wish to be treated. It is fully customizable and once signed, you can upload it to your medical group or hospital to have on file, just in case. Without one, your healthcare provider may select “an adult who has demonstrated special care and concern for the patient, is familiar with the patient’s personal values and beliefs to the extent known, and is reasonably available and willing to serve.” California Code, PROB 4712. While typically a parent is selected, depending on the circumstances, this could end up being another adult relative or friend, who may not know you as well, making important decisions on your behalf.
Not having an AHCD in place can make it unclear who this person will be, which could
delay care, especially if you are far from home, or parents are not able to step in, and laws
may differ if you are out of state or overseas.
2. HIPAA (“Hip-Ahh”) Authorization
Like the Health Care Power of Attorney, naming people on a HIPAA authorization will allow those you most trust to have access to important medical information from your healthcare provider such as your medical condition in an emergency, treatment information, second opinions, if needed, and all of this helps your agent make an informed decision for you. This document, along with any emergency authorization forms specific to each university, can also be provided ahead of time to medical groups or the university, so when needed, it can be pulled up quickly to allow them to talk to your doctor. Otherwise, it is very scary if they are completely shut out and left in the dark while you may be in critical condition.
3. Health Insurance
You may have health insurance through your parents, but that could change if you move away or travel abroad. Unexpected changes to coverage could leave you vulnerable when you least expect it. Most parents can keep you on their plan until you are 26 years old, but being far from home, the cost and coverage will change as doctors and hospitals will likely be out of network or coverage may not be sufficient to cover all your physical and mental health needs.
You will need to review your plan and discuss with your parents if you need to modify it or seek alternative coverage where you are living. Also, universities often have their own health care centers and plans that are much more affordable and can cover your medical and mental health needs on campus or locally in case you need an exam, medications, or if you get sick or injured. This is the time to familiarize yourself with your coverage and the health care system where you will be, so you know who to call and where to go in case of an emergency.
4. FERPA (“Fur-Paw”) Authorization
The Family Educational Rights and Privacy Act (“FERPA”) is a federal law that protects a student’s privacy, such as educational and financial aid records. Without authorization, a parent cannot access this information and address potential issues or inaccuracies, impacting your academic standing and financial aid. This means without granting access to a parent or guardian, you are on your own to review, evaluate, amend, and dispute information. For example, without access to grades or financial information, parents may not be aware of when their student may need support. As with the other legal documents, this is under your control to give access to what you want but is helpful if you want more freedom to focus on your studies.
5. Auto Insurance
Will you be driving your own car? Are there decent transportation options like shuttle buses, ridesharing, bikes, and e-scooters where you will be? Does your campus allow students to bring a vehicle during the first year? It is time to consider if you are taking your car as this may require additional costs (insurance, fuel or electricity, parking, and maintenance) and insurance to cover costly liabilities from accidents and damage. Parents should consider, if not already, registering the car under your name to prevent liability and potential risk to their assets, in case someone is injured. There is a balance to consider as insurance costs are likely much higher for you as a young driver. Consult your insurance agent to explore the options or leave the car at home. An emerging transportation issue on college campuses is e-scooter safety and liability risks. We also recommend families discuss the risks before using these devices.
6. Renters Insurance
If you are moving away, wherever you live, you are going to be responsible for it and any damage you may cause. You may need to sign a lease or roommate agreement, which should be reviewed carefully for terms that can cost you or your parents a lot of money and headaches. A frozen burrito could burn in the microwave causing a fire and/or water damage, or a leaky mini fridge can damage the floors or personal items like laptops. Do you have money to pay for the damages or time to resolve disputes with landlords, roommates, or other parties? If you have a renters insurance policy, it can help pay for the costly damage
and loss, which will likely fall on you.
If a problem arises, your parents are neither responsible for your issues nor do they really want to pay for them. This is a discussion between you and your parents as to how you want to manage the potential risks of liability to your family. At the very least, you should review your family insurance policies and consider obtaining a renters insurance policy, which is usually inexpensive and can help cover these unexpected costs.
7. Durable Power of Attorney
Once that burrito has simmered and the mini fridge has dried up, you are going to have to deal with possible claims against you, insurance companies, or bills. If you want your parents to help handle financial matters like this, you can prepare a durable power of attorney document naming them as your agent. Consider this document to allow your parents or other trusted adult to step in, when needed, to manage all your financial affairs if you are unable to or need extra support.
8. Last Will
Do you have significant assets like savings, Bitcoin, or collectibles, and worry they could end up going to the brother you never talk to anymore? While it is not common for 18-year-olds to need one, preparing a last will identifies who gets what of your belongings and money, again giving you control of what happens. The document is prepared carefully detailing your wishes if you were to suddenly pass away. If something were to happen to you, this document will legally tell the court exactly what you want to happen, giving you the final say, but it requires specific drafting and procedures to be effective and legally valid.
How to Get Started
Turning 18 is a significant step towards independence. Acknowledging when and where you need support is not limited to young adults and taking these steps is a sign of growth and maturity. While you should reach out to your school, university or program to obtain specific forms and resources, our office can prepare and analyze the items on this legal laundry list documents for you. All you need to do is contact us to arrange a consultation with one of our attorneys to go over your needs, and we can prepare all the necessary documents before you take off on this journey, fully prepared for whatever life may throw at you.