Why Parents Should Consider Health Care Powers of Attorney for College Students

A health care power of attorney, also called a health care proxy or health care surrogate, is a medical power of attorney that allows a person, called a principal, to appoint another person, called an agent, to access his or her health care records and make medical decisions on his or her behalf.

Parents generally have this authority over their children while they are underage. But once the student reaches age 18, parents can no longer review their medical records or make important medical decisions.

There are many reasons why parents and students would want the parents to be able make decisions on their behalf. If, for example, the student is severely injured or becomes mentally incapacitated, the parent should have the right to step into the student’s shoes for healthcare purposes.  A health care power of attorney gives the parent this ability.

Many universities recommend health care powers of attorney for college students.   And the ranking member of the Senate Health Committee, New York State Senator Kemp Hannon, recently made a public statement encouraging parents to obtain a health care power of attorney before their student left for college.

As parents, the last thing we want to think about is the possibility of our children ending up in the hospital while away at school, but we need to always be prepared for the worst.  As a concerned parent whose child is in the hospital, the last thing you want to hear from the hospital staff is that you cannot receive any information on your child’s status or make any decisions. However, without a health care proxy, that’s exactly what will happen.

Completing a health care power of attorney will provide parents and students with the assurance that federal law (HIPPA) privacy rights will not prevent the parent from accessing medical information if a medical emergency arises while the child is in college. If the child will be attending college in another state, it is good practice to complete a health care power of attorney in both the home state and the state where the child attends college.  The power of attorney should be provided to the college health care center.