Preparing to send your child off to college is an exciting milestone. You probably have a checklist that includes shopping for dorm supplies, discussing class schedules, and arranging transportation.
There’s a lot to think about, but from our perspective as an estate planning law firm, there is a key detail that may never occur to you. Let’s look at the importance of incapacity planning for young adults in light of HIPAA regulations.
The Legal Impact of Turning 18
When your child turns 18, they become a legal adult under Connecticut law. This transition means you no longer have automatic rights to step in if something goes wrong.
You cannot access medical records, sign forms on your child’s behalf, or make health care decisions without legal documents granting you that authority.
Even if you are still supporting your child financially, the law treats them as independent. If your child is in an accident or faces a sudden illness, you could be blocked from getting updates or helping make decisions about their care.
The Health Care Proxy and HIPAA Release
A health care proxy, also called an appointment of health care representative, is one of the most important documents a new college student can sign. With this document, your child can give you the power to make their medical decisions if they can’t communicate.
Along with the proxy, your child should complete a HIPAA release. The HIPAA release gives medical providers permission to share health information with the people your child names.
Without it, doctors and hospitals must keep records confidential, even during emergencies. Having both documents in place ensures you can speak to care providers, receive updates, and act quickly if your child needs help.
Living Will and End-of-Life Wishes
A living will is another document worth considering before your child leaves for college. While most young adults are healthy, accidents and serious illnesses do happen. A living will records preferences about life-sustaining treatments, such as ventilators and feeding tubes.
If a situation arises where your child cannot express their wishes, a living will provides clear guidance to medical staff and your family. It helps avoid uncertainty and conflict during an already stressful time.
The Durable Power of Attorney for Practical Matters
Health care decisions are not the only concern when a student becomes incapacitated. Even if your child does not have significant assets, they still have responsibilities you may need to handle.
A durable power of attorney allows your child to authorize someone to manage day-to-day financial and administrative tasks if they cannot act on their own.
How to Create Advance Directives Before Move-In Day
The best time to prepare these documents is before your child leaves home. An estate planning attorney can guide you through each form and explain the options available. Your child will decide who to appoint for each role and what authority to grant.
Once the documents are signed and notarized, keep the originals in a secure place and give copies to anyone named as an agent.
Some families also provide a copy of the health care proxy and HIPAA release to the college health services office. That step can help avoid confusion if your child ever needs care while away at school.
Attend a Learning Event!
If you would like to take another step toward the ultimate goal of putting a plan in place, we have some great opportunities coming up in the Glastonbury and Westport areas. Our firm is hosting monthly seminars that cover all the most important aspects of the process.
You can visit our Special Events Page to see the schedule and register if you choose to join us. You can also reach us by using our Contact page or by calling (860) 548-1000.
Mr. Nirenstein is licensed to practice before the courts of the State of Connecticut and the United States District Court. He is a member of the Connecticut and Hartford County Bar Associations, and the Estate and Probate, Elder Law, Business Law and Real Estate Sections of the Connecticut Bar Association.
- High-Net-Worth Estate Planning: Strategies to Preserve Your Wealth - July 30, 2026
- How to Use a Living Trust to Stagger an Inheritance - July 23, 2026
- Is a Handwritten Will Valid? - July 16, 2026
What Happens If You Die Without a Will?
( By appointment only )