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The move to college represents a significant milestone in a young adult’s life, marking the beginning of newfound autonomy and legal responsibilities. When students turn 18, they are legally considered adults, which means that parents no longer have the automatic right to make decisions on their behalf or access their medical and educational records without permission. This shift necessitates the creation of specific legal documents and an understanding of the new landscape that both students and parents must navigate.

Importance of Legal Preparedness for College Students

The transition to college marks a significant milestone in a young adult’s life. It is a time of excitement, growth, and newfound independence. However, it also comes with a host of responsibilities and challenges that require careful planning. As students leave the comfort of their homes and embark on this new journey, they must be prepared for the various legal implications that come with adulthood. This transition isn't just about academics and social experiences; it involves critical aspects of personal and legal preparedness that can significantly impact their well-being and future.

Turning 18 is a pivotal moment in a student’s life as it brings about legal independence. At this age, students are considered adults in the eyes of the law, which means they are responsible for making their own medical, financial, and legal decisions. This newfound independence is empowering but also comes with substantial responsibilities. For instance, without the proper legal documents, parents can no longer make healthcare decisions or access their child's educational records. This legal independence necessitates the need for documents such as power of attorney and healthcare proxies to ensure that in times of need, parents can still provide the necessary support and make informed decisions on behalf of their child.

Parents naturally worry about their child’s safety, health, and ability to handle the responsibilities that come with adulthood. Common concerns include:

• Healthcare Decisions: What happens if their child gets injured or falls seriously ill? Without legal documentation, parents may not have the authority to make medical decisions or even access their child’s health information.
• Financial Management: Can their child manage their finances effectively? From budgeting to understanding student loans, the financial landscape can be overwhelming for young adults.
• Emergency Situations: In the event of an emergency, will parents be able to step in and help their child promptly and effectively? Without legal provisions, they may face hurdles in providing immediate support.

Essential Legal Documents for College Students

Power of Attorney

A power of attorney (POA) is a legal document that grants a designated individual (the agent or attorney-in-fact) the authority to make decisions on behalf of another person (the principal). For college students, this document is crucial as it allows a trusted person, often a parent, to handle important matters in the student’s absence or if they are incapacitated.

Types:

• Durable Power of Attorney: This type of POA remains in effect even if the principal becomes incapacitated. It allows the agent to manage financial and legal matters such as paying bills, managing bank accounts, and handling other financial transactions.
• Healthcare Power of Attorney: This POA specifically grants the agent authority to make medical decisions on the principal’s behalf if they are unable to do so themselves.

Having a durable and healthcare power of attorney in place ensures that parents or trusted individuals can make critical decisions on behalf of the student during emergencies. This can include managing finances, making medical decisions, and ensuring that the student’s affairs are handled smoothly, providing peace of mind for both students and parents.

Healthcare Proxy and Living Will

A healthcare proxy, also known as a medical power of attorney, is a document that designates an individual to make healthcare decisions on behalf of the principal if they are unable to do so. A living will is a document that outlines the principal’s preferences for medical treatment in various scenarios, such as end-of-life care.

These documents are critical for ensuring that a student’s medical wishes are respected and that a trusted person can make informed decisions about their healthcare if they become incapacitated. Without these documents, parents may face legal barriers to making necessary medical decisions.

The healthcare proxy and living will work together to provide a comprehensive plan for medical decision-making. The healthcare proxy allows the designated agent to make real-time decisions based on the student’s medical condition, while the living will provides specific instructions on the types of medical treatments the student wishes to receive or avoid. This combination ensures that the student’s medical preferences are honored and that decisions are made efficiently during emergencies.

FERPA Release Form

The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. Once a student turns 18 or enters a postsecondary institution, parents no longer have automatic access to their educational records without the student’s written consent.

A FERPA release form allows students to grant their parents or guardians access to their educational records, including grades, transcripts, and disciplinary actions. This access is important for parents who want to stay informed about their child’s academic progress and provide support as needed.

By signing a FERPA release form, students can ensure that their parents are kept in the loop regarding their academic performance and any issues that may arise. This transparency fosters better communication and support between students and parents, providing peace of mind and enabling parents to assist with any academic challenges their child may face.

Financial and Legal Responsibilities

Bank Accounts and Financial Management

• Joint Accounts:
  • Pros: Joint bank accounts can provide a convenient way for parents to monitor their child's spending and offer financial support when needed. They allow parents to quickly transfer funds and manage expenses if the student encounters financial difficulties. Joint accounts can also be useful in emergency situations where immediate access to funds is required.
  • Cons: However, joint accounts also come with risks. Both parties have equal access to the funds, which can lead to potential misuse or disagreements over spending. Additionally, the account may be considered in both parties’ names for legal and financial purposes, potentially affecting credit scores and liability.
• Financial Independence:
  • Budgeting: Encourage students to create a budget that outlines their income (from allowances, part-time jobs, or scholarships) and expenses (such as rent, groceries, and entertainment). Sticking to a budget helps students manage their money effectively and avoid overspending.
  • Savings: Advise students to set aside a portion of their income for savings, even if it's a small amount. Building a habit of saving early can provide financial security and prepare them for future expenses.
  • Credit Awareness: Educate students about the importance of maintaining good credit. Explain how to use credit cards responsibly, pay off balances in full each month, and monitor credit reports regularly.

Insurance

• Health Insurance:
  • Understanding Coverage: It is essential for students to understand their health insurance coverage, whether they remain under their parents' plan or obtain separate student health insurance. Verify if the existing family plan covers healthcare services in the college area and what out-of-pocket costs might be involved.
  • Student Health Insurance: Some colleges offer student health insurance plans that may provide better coverage for services on campus and in the local area. Compare the benefits and costs of student health insurance with the parents' plan to determine the best option.
• Renters Insurance:
  • Importance: For students living off-campus, renters insurance is crucial. It covers personal belongings in case of theft, fire, or other damages, and may also provide liability coverage if someone is injured in the rental property. Without renters insurance, students might face significant financial losses from unexpected incidents.
  • Coverage: Advise students to inventory their belongings and choose a renters insurance policy that provides adequate coverage. Ensure they understand the policy terms, including deductibles and coverage limits.

Understanding Leases and Housing Contracts

• Lease Agreements:
  • Key Terms: Educate students on the critical elements of lease agreements, such as the duration of the lease, rent amount and due dates, security deposits, maintenance responsibilities, and rules regarding subletting and early termination. Understanding these terms helps avoid misunderstandings and legal disputes with landlords.
  • Legal Obligations: Emphasize the importance of reading the lease thoroughly before signing and seeking clarification on any unclear terms. Students should be aware of their rights and obligations as tenants to ensure a smooth rental experience.
• Roommate Agreements:
  • Creating Agreements: Encourage students to create written roommate agreements that outline shared responsibilities, such as rent payments, utility bills, cleaning duties, and rules for guests. A clear agreement helps prevent conflicts and ensures everyone is on the same page.
  • Conflict Resolution: Advise students to communicate openly with their roommates and address issues promptly. Establishing a method for resolving disputes, such as regular meetings or mediation, can maintain a harmonious living environment.

Privacy and Digital Security

Digital Footprint

A digital footprint is the trail of data that individuals leave behind when they use the internet. This includes social media posts, online purchases, emails, and any other activities that involve digital communication. Essentially, it’s a record of one’s online activities and interactions.

The long-term implications of a digital footprint are significant for both personal and professional life. Employers, colleges, and even potential landlords often perform online searches to gather information about individuals. A negative digital footprint can impact job opportunities, college admissions, and professional relationships. Conversely, a positive and well-managed digital footprint can enhance personal and professional reputation.

Tips:

• Be Mindful of What You Share: Think carefully before posting anything online. Ensure that your social media posts, comments, and other online activities are respectful and appropriate.
• Privacy Settings: Regularly review and adjust the privacy settings on your social media accounts to control who can see your posts and personal information.
• Search Yourself: Periodically search for your name online to see what information is publicly available and take steps to manage it.
• Secure Your Accounts: Use strong, unique passwords for all your accounts and enable two-factor authentication where possible to protect your personal information from unauthorized access.

Social Media Awareness

Social media behavior can significantly impact future opportunities. Posts and photos that may seem harmless now could be viewed negatively by future employers, educators, or professional contacts. Inappropriate or controversial content can damage your reputation and close doors to valuable opportunities.

Tips:

• Think Before You Post: Consider the potential consequences of your posts. Avoid sharing content that could be considered offensive, controversial, or unprofessional.
• Professional Presence: Create and maintain a professional online presence on platforms like LinkedIn. Share content that highlights your skills, achievements, and interests in a positive light.
• Clean Up Your Accounts: Review your past posts and remove any content that may not reflect well on you. Use social media tools and apps that help identify and delete old, inappropriate posts.
• Separate Personal and Professional Profiles: Consider maintaining separate profiles for personal and professional use. Ensure that your professional profile is polished and free of personal distractions.
• Stay Updated on Social Media Trends: Understand how social media platforms evolve and the potential risks associated with new features. Stay informed about privacy updates and how they affect your online presence.

Keller, Barrett & Higgins

As you or your child embark on the exciting journey of college life, ensuring that all legal matters are in order is essential for peace of mind and a smooth transition. At Keller, Barrett & Higgins, we specialize in providing personalized legal guidance to college students and their parents. Our experienced attorneys are here to help you navigate the complexities of this significant life change.

We invite you to reach out to Keller, Barrett & Higgins for a consultation to discuss your specific legal needs related to college transitions. Whether it's preparing essential legal documents, understanding financial responsibilities, or planning for future career success, our team is here to support you every step of the way.

Contact Information:

• Address: 6900 Miami Avenue, Madeira, Ohio 45243
• Phone: (513) 351-6058
• Email: info@kbhlawyers.com
• Website: Keller, Barrett & Higgins

With professional guidance from Keller, Barrett & Higgins, you can achieve peace of mind knowing that your legal matters are well-managed as you embark on this new journey. Let us help you ensure that you or your child's college experience is both safe and successful. Contact us today to take the first step towards comprehensive legal preparedness and a secure future.