Legal Documents Your Kids Should Have Before Heading Off to College

October 30th, 2025
Posted By
Sarah M. Litowich
Mother helping son carrying moving boxes to move out from parent's home
Estate planning isn’t only for the elderly. Everyone over the age of 18 should have a few basic legal documents in place in the event the unexpected occurs. Importantly, when children reach the age of majority, parents are no longer legally authorized to make decisions on their behalf. This means you would not legally be able to make medical or financial decisions for your kids when they head off to college — unless the proper documents have been signed. Here are five legal documents for kids going to college:

1. An Oregon Advance Directive for Healthcare

An advance directive for healthcare is one of the most important legal documents for kids going to college. When your child turns 18, you legally no longer have a say in choosing their healthcare or medical treatment. An advance directive can include a healthcare power of attorney that would allow you to make medical decisions for your child in the event of incapacity. As your child’s designated healthcare representative, your child can give you the authority to:
  • Make a wide range of healthcare decisions
  • Make medical decisions in the event of an emergency
  • Communicate with healthcare providers
  • Access medical information
  • Ensure their wishes are carried out regarding medical treatment
In addition, an advance directive can allow your child to outline the type of medical treatment they would like to receive if they cannot communicate their wishes. They can specify their wishes regarding life support, artificial nutrition and hydration, and other medical interventions — as well as share their personal values and objectives for healthcare.

2. HIPAA Release Form

A HIPAA release form is among the crucial legal documents for kids going to college. Once your child turns 18, HIPAA laws protect their privacy when it comes to their healthcare. In order to access your child’s medical records, you not only would need to be designated as their healthcare power of attorney — but your child would need to sign a HIPAA release form. This can be included with the advance directive. A HIPAA release form authorizes the release of medical records to a specific person and details what information can be shared.

3. Financial Power of Attorney

While college students generally don’t have many funds, it can still be a good idea for your child to execute a financial power of attorney. If your child is in an accident and cannot pay their bills or manage their financial affairs, this document would give you the authority to do so on their behalf. It can also allow you to manage your child’s finances, access their bank accounts, pay rent, renew their leases, and deal with financial institutions if they are traveling abroad or are otherwise unavailable. Significantly, this document can give you the peace of mind you need knowing that you can step in should an emergency arise.

4. A Basic Last Will and Testament

When you think of legal documents for kids going to college, a last will and testament probably isn’t the first thing that comes to mind. However, anyone age 18 or older should have at least a basic will in place. While it’s highly unlikely that it will be needed, a will can specify who your child would like to receive their property in the event they pass away — as well as specify who they choose as their executor. Even if your college student doesn’t have many tangible assets, they may have digital assets, such as social media accounts, digital photos, music libraries, gaming accounts,and digital documents that can be addressed in a will.

5. FERPA Release Form

Just as you cannot access your child’s healthcare records without specific authorization once they turn 18, you also cannot access their education records without a FERPA release. The Family Educational Rights and Privacy Act (FERPA) protects student information — and your college-aged child must give their consent to share it with you. After the form has been submitted, you can request information from the school. However, it should be noted that FERPA releases do not cover medical, disciplinary, or housing records.

Contact an Experienced Oregon Estate Planning Attorney

If you’d like to learn more about the essential legal documents for kids going to college, an Oregon estate planning attorney can provide the counsel you need. Notably, each legal document has certain requirements in order for them to be valid. Based in Salem, the estate planning attorneys at Litowich Law can assist your college-aged child with creating the legally sound and enforceable documents they need when they go away to school. We welcome you to contact us for a consultation to learn how we can help.
Categories: Estate Planning