Before Your Child Leaves for College: An Estate Planning Checklist for Alabama and Florida Parents

Once your child becomes a legal adult, your authority as a parent changes. Learn how the right estate planning documents allow your child to choose who can make medical and financial decisions if an emergency arises while they are away at college.

Guidance from a Birmingham, Alabama estate planning law firm.

For many families, sending a child off to college is a milestone filled with excitement, pride, and a few worries. Parents spend months helping their child choose classes, pack dorm supplies, arrange housing, and prepare for this next chapter of independence.

But there is one important step that many families overlook: making sure your child has the right legal documents in place before leaving home.

Once your child reaches the age of legal adulthood, your legal authority as a parent changes. Depending on the circumstances, you may no longer be able to make healthcare decisions, access medical information, or handle financial matters on your child's behalf—even if you continue to provide financial support.

The age of legal adulthood depends on where your child lives. In Florida, a child becomes a legal adult at 18. In Alabama, the age of majority is 19.

Whether your child is attending college in Alabama, Florida, or another state, a simple accident, unexpected illness, or emergency could leave parents unable to help once their child is legally an adult if the proper legal documents are not in place.

Before your child heads to campus, consider whether these documents should be part of your college preparation checklist.

1. Advance Directive for Health Care (Alabama) or Designation of Health Care Surrogate (Florida)

The document that allows your child to appoint someone to make healthcare decisions if they are unable to do so has a different name depending on the state.

In Alabama, this authority is generally granted through an Advance Directive for Health Care, which allows your child to appoint a Health Care Proxy. In Florida, the document is called a Designation of Health Care Surrogate. Although the names differ, the purpose is the same: allowing your child to choose someone they trust to make healthcare decisions if they become unable to make those decisions themselves.

Before reaching the age of legal adulthood, parents generally have the legal authority to make medical decisions for their children. Once a child becomes a legal adult, that authority changes.

If your child is unconscious after an accident or unable to communicate following a medical emergency, doctors may not be able to rely on your wishes as a parent unless your child has legally authorized you to act.

This document can help answer important questions, including:

• Who can communicate with healthcare providers?

• Who can make medical decisions in an emergency?

• Who can advocate for your child's care?

  
  

For most college students, the person they choose is often a parent. The important thing is that the decision belongs to the adult child.

2. HIPAA Authorization: Allowing Access to Medical Information

Many parents are surprised to learn that they may not automatically have access to their adult child's medical records.

The Health Insurance Portability and Accountability Act (HIPAA) protects private medical information. Once your child is legally an adult, healthcare providers generally cannot share medical information with parents without permission.

A HIPAA authorization allows your child to give specific individuals permission to receive medical information.

This can be especially important if:

• Your child is hospitalized.

• Doctors need to discuss treatment options.

• Parents are coordinating care from another state.

• Insurance questions arise.

  
  

A HIPAA authorization works alongside an Advance Directive for Health Care or Designation of Health Care Surrogate. One allows someone to make healthcare decisions if necessary, while the other allows access to important medical information.

3. Financial Power of Attorney: Handling Financial Matters If Needed

A Financial Power of Attorney allows your child to authorize someone to handle financial matters on their behalf if they are unable to do so themselves.

While many college students manage relatively simple finances, unexpected situations can happen.

A Financial Power of Attorney may allow a parent or another trusted person to:

• Access bank accounts to pay bills

• Handle financial transactions

• Manage insurance or government benefits

• Sign documents on the student's behalf when appropriate

  
  

Without this document, parents may face unnecessary delays and legal obstacles if they need to step in during an emergency.

4. FERPA Authorization: Access to Education Records

Medical records are not the only records protected by privacy laws.

The Family Educational Rights and Privacy Act (FERPA) generally prevents colleges and universities from sharing certain educational information with parents once a student reaches the age of majority unless the student has given permission.

A FERPA authorization may allow parents to access information such as:

• Grades and academic records

• Financial aid information

• Tuition and billing records

• Disciplinary matters

• Enrollment information

  
  

Each college has its own FERPA release process, so families should check with the school's registrar or student services office before move-in day.

5. A Simple Will: Yes, Even for Young Adults

Many people think estate planning is only for retirees or individuals with significant wealth.

That is a common misconception.

Estate planning is really about answering two important questions:

• Who can make decisions for me if I cannot?

• What happens to the things I own if I die?

  
  

While most college students do not have large estates, many own vehicles, maintain checking and savings accounts, have personal belongings of value, or have received inheritances. A simple will allows them to decide who should receive those assets rather than leaving the decision to state law.

Creating a will also encourages young adults to begin thinking responsibly about planning for the future.

6. Do Not Forget Digital Accounts and Important Information

Today's college students often manage much of their lives online.

Consider helping your child organize information about:

• Online banking accounts

• Social media accounts

• Cloud storage

• Digital photos

• Password management

• Cryptocurrency or other digital assets, if applicable

  
  

While passwords should remain secure, your child should have a plan for how trusted family members could access important information in an emergency.

What Happens If Your College Student Does Not Have These Documents?

Many families assume that because they are the parent, they can automatically step in during an emergency.

Once your child reaches the age of legal adulthood, that may no longer be true.

Without the appropriate legal documents, parents may encounter challenges such as:

• Difficulty obtaining medical information

• Delays communicating with healthcare providers

• Problems handling financial matters

• Difficulty assisting with college records

• Potential court involvement if legal authority becomes necessary

  
  

These documents are not about taking away your child's independence. Instead, they provide a legal safety net that allows someone your child trusts to help if they are ever unable to make decisions for themselves.

A Simple Estate Planning Checklist for Parents of College Students

Before your child leaves for college, consider completing this estate planning checklist:

☐ Advance Directive for Health Care (Alabama) or Designation of Health Care Surrogate (Florida)

☐ HIPAA Authorization

☐ Financial Power of Attorney

☐ FERPA Authorization (if desired)

☐ Review health insurance information

☐ Save emergency contacts

☐ Organize important legal documents

☐ Discuss emergency plans with your child

Final Thoughts

Sending a child to college is a major transition—not only for the student, but also for parents learning to step back while still being prepared to help when needed.

If your family lives in Florida, this conversation should happen before your child turns 18. If you live in Alabama, it should happen before your child turns 19. Planning ahead helps ensure there is no gap in your ability to assist your child during an emergency.

Taking a few simple steps before move-in day can provide peace of mind for both parents and students, allowing everyone to focus on the exciting opportunities that college brings.

Your Next Step

At Provident Law, we help families throughout Alabama and Florida prepare for every stage of life. Whether your child is about to leave for college or you are updating your own estate plan, we are here to help you put the right legal documents in place so your family is prepared for whatever the future may hold.

About the Author

Colin McMichen is an experienced attorney and the founder of Provident Law / Estate Planning LLC, a Birmingham, Alabama-based firm. With a focus on estate planning and probate law, Colin is dedicated to helping individuals and families in Alabama and Florida navigate complex legal matters with confidence.

Disclaimer

This article is intended to provide general information and help you think through important estate planning decisions. It is not legal advice and does not create an attorney-client relationship. Because every situation is different, we encourage you to consult with an experienced estate planning attorney to discuss your specific goals and needs.