MY KID IS HEADING OFF TO COLLEGE…IS THERE ANYTHING I SHOULD KNOW?

A student deeply focused on understanding complex legal texts.

Do I automatically have the right to medical and/or financial information about my college aged children?

Many parents mistakenly believe that owing to the role as their child’s parent, they will be automatically granted the authority to access medical and financial records or provide input as to medical treatment and financial transactions. This is incorrect. Federal and state laws prevent dissemination of health care information and medical records to anyone not legally authorized to be in the custody of such information.  Many states have also statutorily protected their citizens’ constitutional right to financial privacy (Florida is one of those states!) 

Another mistaken belief is that if you filled out your child’s university medical authorization forms, you will then be entitled to access medical records or provide input as to medical treatment occurring in the city/state where your child attends university.  This too, is incorrect! University forms are specific to the issuing institution; local medical providers and hospitals who are not affiliated with the university will not honor those forms. 

The best way to secure your role in serving as your college age child’s advocate in medical or financial matters is to properly execute legally binding powers such as Health Care Surrogates (also known as proxies), and Durable Powers of Attorney. These documents can be revoked, amended or revised any time your adult child determines that they are no longer needed; but we strongly recommend that you have them in place before the child heads off to college. Lebensohn Law has a quick and easy ‘College Bound Power Package’ designed for you and your child’s peace of mind; we want you to focus on the learning and adventure. Let us focus on safeguarding your role as parent, guardian and protector.