Power of Attorney for a College Student: A Parent’s Guide

The two powers of attorney college students should sign, and how to set them up.

By No Brainer Forms Team Updated 4 min read

Key Takeaways

  • A power of attorney lets your college student name a trusted person, usually a parent, to act for them when they can’t.
  • Students typically need two: a durable financial power of attorney for money and paperwork, and a health care power of attorney for medical decisions.
  • “Durable” means the document keeps working if the student becomes incapacitated, which is when families need it most.
  • Signing rules vary by state; financial powers of attorney usually need a notary, and health care powers of attorney often need witnesses, a notary or both.
  • The student stays in control and can revoke either document at any time while competent.

Why a college student needs a power of attorney

Parents of 17-year-olds can sign forms, talk to banks and consent to medical care. A few months later, at 18, that authority disappears. If your student is injured in an accident, falls seriously ill or simply gets stuck abroad with a frozen bank card, you have no automatic right to step in.

A power of attorney (POA) fixes that. It’s a document in which your student (the principal) names someone (the agent) to act on their behalf. It’s one of the most practical documents a young adult can sign, and one of the most overlooked.

The two types your student needs

Durable financial power of attorney

A financial power of attorney lets the agent handle money and legal paperwork, such as:

  • Talking to banks, paying bills and moving money between accounts
  • Dealing with financial aid offices, scholarships and student loans
  • Signing or renewing a lease
  • Filing tax returns and handling government paperwork
  • Managing affairs while the student studies abroad

It should be durable, meaning it stays effective if the student becomes incapacitated. In the many states that have adopted the Uniform Power of Attorney Act, a POA is durable unless it says otherwise; in other states, the document must say so expressly.

Health care power of attorney

A health care power of attorney (also called a health care proxy, medical power of attorney or health care agent designation) lets the agent make medical decisions if the student can’t make or communicate them, for example after a serious accident, during surgery or with a severe illness. It’s usually paired with a HIPAA release so the agent can also get medical information.

Financial vs. health care power of attorney

Durable financial POAHealth care POA
CoversMoney, property, contracts, taxes, government paperworkMedical treatment and health care decisions
When it worksUsually immediately, and continues if the student is incapacitatedUsually only when a doctor finds the student can’t decide
Common signing rulesNotary almost always; some states also require witnessesWitnesses, a notary or both, depending on the state
Who relies on itBanks, landlords, schools, government agenciesDoctors, hospitals, care facilities
Pairs well withFERPA release for school billing and financial aidHIPAA release and a living will
How the two powers of attorney compare

How to set one up

  1. Choose the agent and a backup. Most students choose a parent. Naming an alternate covers the times the first agent can’t be reached.
  2. Decide on the scope. A financial POA can be broad or limited to specific tasks. A health care POA can include instructions about treatment preferences.
  3. Complete the forms for your state’s rules. Follow your state’s requirements for witnesses and notarization. Banks are more likely to accept a properly notarized document.
  4. Sign before leaving home. Notaries are easy to find at home and much harder to arrange from a dorm or overseas. If your student studies abroad, ask whether the host country requires an apostille.
  5. Distribute copies. Give copies to the agent, keep digital copies handy, and share the health care POA with the student’s doctors and campus health center.

Common concerns

“Will my child lose control?” No. While your student is competent, they can still make all of their own decisions. The agent acts for them, not instead of them, and the student can revoke the document at any time.

“Is a power of attorney enough on its own?” It covers decisions, but not access to school records. Pair it with a FERPA release for grades and billing, and a HIPAA release for medical information. See our overview of documents to sign at 18.

“What if we never set one up?” If a young adult becomes incapacitated without a POA, families may have to ask a court to appoint a guardian or conservator, which takes time, costs money and is a public process.

Frequently asked questions

At what age does my child need a power of attorney?

At 18, when they become a legal adult in most states. That’s when parents lose the authority to handle their child’s financial and medical matters.

Does a power of attorney need to be notarized?

It depends on the type and the state. Financial powers of attorney almost always need a notary, and health care powers of attorney usually need witnesses, a notary or both. Check your state’s requirements before signing.

Can both parents be agents?

Many forms let you name co-agents or a primary agent with an alternate. Naming one primary agent and one backup is usually simpler for banks and hospitals.

Is a power of attorney from my home state valid where my child goes to college?

Most states honor a power of attorney that was validly signed under another state’s law. Following the signing formalities carefully, including notarization, makes it more likely that banks and hospitals will accept it anywhere.

When does a power of attorney end?

When the student revokes it, when a stated end date passes, or at death. A durable power of attorney does not end because the student becomes incapacitated.

Keep reading

Don’t get shut out when your child turns 18

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This guide is general educational information written by the No Brainer Forms Team. It is not legal advice, and No Brainer Forms is not a law firm. Laws and signing requirements vary by state; for advice about your situation, talk to a licensed attorney in your state.