Should My College Age Child Have a Power of Attorney?

Yes! Your college age child should have both medical and financial powers of attorney before leaving for college.

A medical power of attorney is a legal document that allows an individual (the principal) to appoint another person (the agent) to make health care decisions on their behalf when they are unable to make those decisions themselves. A medical power of attorney can allow the agent to access medical records, consult with doctors, and make health care decisions according to the principal's wishes. A medical power of attorney is not governed by the Nebraska Uniform Power of Attorney Act, but instead must comply with the requirements of section Nebraska Revised Statute § 30-3404. It can be included in a durable power of attorney or created as a stand-alone document. The medical power of attorney remains in effect even if the principal becomes incapacitated, unless it is revoked. It can only be revoked by a written document expressly stating revocation.

A financial power of attorney, on the other hand, grants authority to an agent to act on behalf of the principal in matters relating to the principal's property. This includes the ability to make decisions and act with respect to the principal's property, whether the principal is able to act for themselves or not. The Nebraska Uniform Power of Attorney Act (NUPOAA) governs the use of powers of attorney in the state. The Act strictly construes powers of attorney and discounts broad, encompassing grants of power.

If anything were to happen to your college age child while off at school, it may not be able to immediately help them in a medical or financial emergency if you are not named as their medical or financial power of attorney. If you college age child chooses to elect their parent as their agent for in their medical and financial powers of attorney, that parent will have the authority to help them make important decisions regarding their health if they are unable to. Moreover, a parent that is named as an agent in a financial power of attorney, will be able to help their child with financial situations if that child is unable to do so because they are traveling, incapacitated, or can not otherwise help themselves.