If you saw my Homeschool Senior Year Checklist, you know that graduation is inching closer for us. Is it for you, too? Graduation is a moment of incredible pride, hope, and transition. Whether your young adult is headed off to college, starting a new job, or traveling the world, the cap and gown mark more than an academic milestone; it signals the beginning of independence. But amid the celebratory cake and carefully curated dorm checklists, there’s one critical conversation many families forget to have: the legal one.
I mentioned in my checklist article that if your student is over 18, now is also a great time to make sure they’ve got all their legal documents in order. That is because even as their parent, you no longer have the automatic legal right to make healthcare decisions for them, access their medical records, or manage their financial or academic affairs in an emergency. That’s right, despite still being your child, and even if they are financially dependent on you, they are now legally considered an adult. Without the proper documents in place, you could find yourself locked out of decisions at the very moment they need you most.
This isn’t about being alarmist. It’s about being prepared. Because the truth is, adulting doesn’t start when a kid moves out. It starts when the legal system says it does. So let’s talk about the legal documents your adult child needs.
Health Care Power of Attorney
The sad reality is that emergencies don’t wait. Imagine your 19-year-old daughter is away at college and is seriously injured in a car accident. She’s unconscious, and doctors need someone to make critical decisions about her care. You rush to the hospital, only to be told that because she’s legally an adult, you can’t access her medical records or make any decisions on her behalf.
Without a Health Care Power of Attorney (HCPOA), medical professionals may not be able to consult with you, even if you’re the parent. This document designates someone (usually a trusted parent or guardian) to make medical decisions if your adult child is unable to speak for themselves.
A Health Care Power of Attorney typically includes:
- Permission to make medical decisions
- Access to medical records under HIPAA
- The ability to choose hospitals, treatments, and procedures
- End-of-life care preferences (sometimes included in a Living Will)
“The heart of man plans his way, but the Lord directs his steps.” Proverbs 16:9, NKJV
We trust God to lead our children, but He also calls us to be good stewards of what we’re given. That includes our families. Helping your child establish a Health Care POA is one way to walk in wisdom and faith.
Living Will (Advance Directive)
Planning with peace includes having tough discussions now. A Living Will or Advance Directive outlines your child’s medical wishes if they become unable to speak for themselves. No one wants to think about it, but accidents happen. As a nurse, I took care of patients in their thirties who didn’t have a Living Will or Advance Directive that may have chose differently if they’d known what their medical outcome would be.
A Living Will or Advance Directive answers questions like:
- Do they want to be kept on life support?
- What about artificial hydration and nutrition?
- Would they want to be an organ donor?
Having these answers written down protects your child’s wishes and eases the burden on loved ones.
“So teach us to number our days, that we may gain a heart of wisdom.”Psalm 90:12, NKJV
Talking about these things isn’t easy. But it’s wise. And wisdom brings peace.
I am a firm believer that anyone over the age of 18 needs a healthcare power of attorney and an advance directive that outlines what they want done in the event they are unable to verbalize their wishes.
HIPAA Authorization
Privacy laws are real, and thanks to the Health Insurance Portability and Accountability Act (HIPAA), medical providers can’t share your child’s health information without written permission, not even with you. A signed HIPAA Release allows health professionals to talk to you about their care, test results, prescriptions, or diagnoses. If your young adult is in therapy, under long-term treatment, or just wants to keep you in the loop, this document is vital. Many healthcre providers are even making certain parts of healthcare charts inaccessible to parents after children turn a certain age in different states. In our state, my children had to grant access to me at the age of 12.
“Two people are better off than one, for they can help each other succeed.” Ecclesiastes 4:9, NLT
Walking with your child through life includes walking with them through illness or injury. The HIPAA Release makes that possible.
Durable Power of Attorney
Our kids may need help with managing life’s details from time to time. What if your student studies abroad and needs you to handle something at home? What if they’re hospitalized and bills are due?
A Durable Power of Attorney (DPOA) lets your child name someone to manage their finances and legal matters if they are unable to do so. This can include:
- Paying rent or bills
- Signing tax forms
- Accessing bank accounts
- Managing scholarships or student loans
- Handling car registration or insurance issues
“Children are a heritage from the Lord, the fruit of the womb a reward.” Psalm 127:3, ESV
We’ve raised them to be responsible. This is one more way we continue helping them steward their lives well.
FERPA Release
Now that they’re officially graduated, you’re not on the school portal anymore. Once your child enters college, FERPA (Family Educational Rights and Privacy Act) protects their educational records. That means you won’t have access to their grades, GPA, or class schedule, even if you’re footing the tuition. EVEN if they enter as a dual-enrollment student as a high school sophomore, you need a FERPA.
With a signed FERPA Release Form, your child can authorize the school to share academic information with you.
This is especially helpful if:
- They need help navigating academic probation
- You’re helping them manage a disability or learning plan
- They want accountability with grades or course load
“Plans go wrong for lack of advice; many advisers bring success.”Proverbs 15:22, NLT
You don’t have to hover. But with access, you can help when it counts.
A Simple Will
You might not think a young adult needs a will. But if your graduate:
- Has a car or bank account in their name
- Owns valuable items or digital assets
- Has pets or wants to direct specific belongings
- Earns income through music, art, or a side business
Then a Simple Will ensures those assets are distributed as they wish. It can also name someone to handle their affairs if the unthinkable happens.
“Well done, good and faithful servant; you were faithful over a few things, I will make you ruler over many things.” Matthew 25:23, NKJV
Teaching them to steward even the little things prepares them for the greater things ahead.
Emergency Access Information
Okay, this is a digital age thing, it isn’t a legal form, but it’s still important. Create an Emergency Info Sheet that includes:
- Key contacts
- Insurance information
- List of medications and allergies
- Passwords for school portals, health apps, and banking
- Copies of the legal documents listed above
This should be stored securely and shared with trusted adults.
“Let all things be done decently and in order.”1 Corinthians 14:40, NKJV
It’s not paranoid to be prepared. It’s practical. And that kind of peace is a gift.
How to Get It All Done
Getting these documents in place doesn’t have to be expensive or time-consuming. Here’s how to start:
- Have the conversation. Explain the importance with kindness and clarity.
- Consult a local attorney. Especially if your child is attending school in another state.
- Use trusted online services. Rocket Lawer, LegalZoom, and LegalShield are popular choices.
- Notarize as needed. Many banks, UPS stores, and libraries offer this service. PLEASE NOTE – many banks will NOT notarize a Durable Power of Attorney or any form that has to do with FINANCIAL issues due to conflict of interest issues.
- Keep copies safe. Digitally and in physical form.
A Word of Encouragement
It might feel awkward at first. You don’t want to scare them. You just want to equip them. Think of this as another life skill, like laundry, cooking, or budgeting.
These forms don’t mean you expect tragedy. They simply mean you expect life, in all its messy, beautiful unpredictability. And if life gets hard, they’ll know they aren’t facing it alone. If you have these forms in place for you, your kids will understand when you want them to get them in place for them. Lead by example.
“Trust in the Lord with all your heart, and lean not on your own understanding; in all your ways acknowledge Him, and He shall direct your paths.” Proverbs 3:5-6, NKJV
He’s with them. And He’s with you, too.
Quick Checklist for New Graduates:
- Health Care Power of Attorney
- Living Will / Advance Directive
- HIPAA Release Form
- Durable Power of Attorney
- FERPA Release
- Simple Will
- Emergency Access Information
Get this handy checklist and keep track of where you’re at on getting their documents in order.
You’ve raised them well. Now, help them stand strong: with wisdom, legal protection, and the blessing of your faith-filled support.
