July 31, 2025

As a mom of two soon-to-be college freshmen, I’ve spent the summer perusing the posts in every Parents of College Kids Facebook group I could find to make my Back-to-School To-Do List for college.  In addition to the textbook purchasing tips and dorm room measurements, I was surprised to see numerous marketing posts encouraging parents to purchase legal forms to create a Power of Attorney and/or Advanced Healthcare Directive for their college-bound sons or daughters. As an attorney (because being a mom to college-bound twins isn’t enough!), the push for parents to use online forms for such important legal documents on behalf of their children concerned me.

​

Red flag #1: Most of the companies selling these documents are not lawyers and specifically state in the small print that they are not YOUR lawyer.  Most don’t know the law and do not tailor their forms to people in Mississippi or Alabama or Arkansas.  Forms are general in nature and may or may not comply with your state’s laws. 

​

Red flag #2: Companies selling these legal forms imply that a parent can fill in the form and simply have the 18-year-old sign them, but this raises serious questions about the validity of these documents.  Let’s start now teaching our adult children not to sign forms they have not read and do not understand.  It is much cheaper to learn that lesson with your parents than with the IRS one day!  When someone in a position of authority, like a parent, tells their adult child to sign a legal form, the parent may be exerting undue influence.  Undue influence exists when there is a confidential relationship, or a relationship of trust in which one person relies on the other (i.e. child/parent), and it can invalidate a legal document that gives authority to the person in the position of power.  There is a simple solution, however. Have your child call a firm like mine and set up a meeting.  We can talk through the options and inform them of their rights.  A meeting like this is inexpensive and a great investment in life lessons for your college-bound adult. 

​

Red flag #3: These companies play on parents’ fears by implying that you won’t be able to take care of your child in case of a health emergency.  While parents would no longer be entitled to automatic access to their child’s medical records once they reach the age of 18, most providers, mine included, ask each patient who should be given access to their medical information.  Your child can list you on the release with their medical provider.  Additionally, in case of a serious illness or accident, medical professionals are able to provide information to a legal surrogate or stand-in.  For an unmarried adult, this is almost always the parent, short of extraordinary circumstances.  Keep in mind, your child has probably already listed you as an emergency contact with their college and the dorm.  This will ensure you get notified quickly.  Frankly, I am more interested in whether the college staff has my correct emergency contact information. 

​

Give your child the gift of legal understanding.  What are we teaching our children if we ask them to sign important legal documents that they don’t understand?  If we want to raise young men and women who will read and ask questions, and not just sign anything put in front of them, parents must set an example.  (P.S. our office receives calls each May and June from college students who signed leases they didn’t read!)

​

There is a lot to think about when deciding whether or not a college student needs a power of attorney or healthcare directive.  Each person and each family’s needs are unique. While using a form may seem like a less expensive option, it could end up costing you more in the long run.   A lawyer can help you determine the provisions that are best for you and ensure that your child understands the document they are signing. 

​

If you think it could be helpful for your child to have a power of attorney or healthcare directive before heading off to college, help them make an appointment with a lawyer.  We have offices around the Southeast, and I am more than happy to help you find someone close to you.  You’ll be teaching them a great life lesson.

​

For more information, reach out to our team at info@gayjoneslaw.com.