Before Your College Student Leaves Home: Legal Documents Virginia Families Should Discuss

Somewhere between packing the car and saying goodbye in a dorm parking lot, most families miss a quieter milestone. The day your student turned 18, the law started treating them as an adult. That shift doesn't show up on a checklist next to shower caddies and extra-long twin sheets, but it changes something real. Once your student turns 18, you generally no longer have automatic authority to access their medical records, though access may still be available in limited circumstances with the student's consent or under other applicable law.

 

None of this is about control. It's about making sure your family has a plan in place if a call comes in the middle of the night or if a form needs a signature and your student is three states away and unreachable. A short conversation before move-in day can save a lot of stress later.

 

A Durable Financial Power of Attorney

 

A financial power of attorney lets your student name someone, often a parent, to step in and manage money matters if they can't do so personally. That might mean paying a tuition balance, dealing with a bank that's frozen an account, or signing a lease renewal while your student is studying abroad.

 

Under Virginia Code § 64.2-1602, a power of attorney created under the state's Uniform Power of Attorney Act is durable by default. That means it stays in effect even if the person who signed it becomes incapacitated, unless the document specifically says otherwise. For a young adult, this default protection matters. If your student is ever seriously injured or unable to manage their affairs, a properly drafted POA means someone can act immediately, without a trip to court.

 

An Advance Medical Directive and Healthcare Agent

 

An advance medical directive lets your student appoint a healthcare agent, someone authorized to make medical decisions if they're unable to speak for themselves. Virginia Code § 54.1-2983 sets out how these documents work: a competent adult can put one in writing, have it signed in front of two witnesses, and name a primary agent and at least one backup.

 

Picture a student who's hospitalized after a car accident and can't communicate. Without a directive, doctors may still speak with parents informally, but there's no guarantee, and hospital staff may hesitate without documented authority. A signed directive removes that uncertainty and gives your family a clear legal path to help.

 

HIPAA Authorization and FERPA Permissions

 

Two separate laws control who can access a young adult's private information, and neither one automatically includes parents anymore.

 

HIPAA governs medical records. Once a child turns 18, federal guidance makes it clear that parents are no longer automatically designated as the personal representative for health information access. Your student can sign a HIPAA authorization naming you, which may allow a hospital or doctor's office to share specified health information with you, subject to the scope and expiration terms of the authorization. The authorization authorizes disclosure of information; it does not itself give you authority to make medical decisions.

 

FERPA works the same way on the academic side. The moment a student turns 18 or enrolls in college (whichever comes first), the rights that once belonged to parents under FERPA transfer to the student. That includes grades, financial aid records, and disciplinary matters. Colleges can still share limited information with parents in specific circumstances, such as when a student is claimed as a tax dependent. A signed FERPA release is often the simplest way to stay in the loop if something comes up, although schools may also disclose information to parents in some situations, including when the student is a dependent under IRS rules.

 

Keeping Everything Organized

 

Once these documents are signed, they only help if someone can find them. Families should keep both original and digital copies in a safe, accessible place, and make sure the student, at least one parent, and any named agent all know where to look. Consider giving a copy directly to the student's primary care provider, and keep contact information for named agents up to date each year, especially if a student changes schools or moves out of state.

 

A Simple Step Before the Semester Starts

 

None of this requires a complicated estate plan. For most families, it's a short, focused conversation and a small set of documents tailored to a young adult's needs. Berdan Law works with Central Virginia families to put together a coordinated, age-appropriate plan before a student heads to college, trade school, or their first apartment. If you'd like to talk through what makes sense for your family, reach out to schedule a consultation before the semester begins.