Every August, families do the big, visible work of sending a child to college: buying bedding, setting up a meal plan, paying tuition, finalizing health insurance, and mapping out move-in day.
Then life happens.
A sprained ankle becomes an ER visit. A sudden illness leads to a specialist appointment. A mental health concern surfaces. A student struggles academically and stops returning calls.
In those moments, many parents are shocked to learn that turning 18 (or enrolling in a postsecondary institution) changes what you can legally access—even if you’re paying the bills, even if your student is on your insurance, and even if you’re listed as the emergency contact.
Two federal privacy laws—HIPAA (health information privacy) and FERPA (education records privacy)—shift control of medical and academic information to the student. Unless your student has signed the right permissions, you may be unable to get answers or act quickly when time matters.
This is a planning issue as much as it is a paperwork issue. When access is delayed, decisions can be delayed—and that can ripple into your family’s finances.
Below is a plain-English guide to the three key documents to consider before move-in day, along with the financial planning connection many families overlook.
The two federal laws that change everything at age 18
1) FERPA: access to academic records
The Family Educational Rights and Privacy Act (FERPA) is the federal privacy law that governs education records.
For K–12, parents generally have rights to access education records. But once a student turns 18 or enrolls in a postsecondary institution, FERPA rights typically transfer to the student.
That means many of the things parents assume they can “just ask for” may be protected, such as:
- Grades and transcripts
- Academic standing (probation, withdrawal)
- Attendance and advising notes
- Disciplinary records
- Certain records held by campus offices
Paying tuition does not automatically restore access.
A common wrinkle: FERPA does allow schools to disclose certain records to parents if the student is a tax dependent (under IRS rules). In practice, many colleges prefer a simpler path: a student-signed FERPA release (sometimes called a waiver or consent form) that authorizes the school to share specified categories of information with you.
2) HIPAA: access to medical records and information
The Health Insurance Portability and Accountability Act (HIPAA) restricts how healthcare providers share a patient’s protected health information.
Before age 18, parents are often treated as the primary decision-makers and have broad access. At 18, your student becomes a legal adult and generally controls access to their medical information.
This is the part that surprises many families:
- Being on your health insurance doesn’t automatically give you access.
- Being the policyholder doesn’t automatically give you access.
- Paying medical bills doesn’t automatically give you access.
Without the right authorization, medical providers may be limited in what they can share—even when you’re trying to help.
The three documents to consider before move-in day
Think of these documents as a “starter set” for your student’s adult life. They’re not about controlling your student—they’re about ensuring you can support them if something goes wrong.
Document #1: HIPAA Authorization (HIPAA Release)
A HIPAA authorization is a signed permission from your student allowing a healthcare provider to discuss your student’s health information with designated people (often parents or guardians).
What it does:
- Allows providers to share medical information with the people your student names
- Helps you communicate with doctors, coordinate care, and understand next steps
What it does not do:
- It does not give you the legal authority to make medical decisions for your student
Two practical tips families miss:
- A HIPAA release is often provider-specific. Your student may need to complete one for the campus health center and for any local providers near school and sometimes for physicians back home.
- Campus records can be complicated. Some campus health and counseling records may be handled under school privacy rules (including FERPA) depending on how the clinic is structured. When in doubt, the safest approach is to ask the campus health center what form(s) they use to authorize information sharing.
Action step: Ask your student to complete HIPAA authorization(s) that name you (and a backup contact) and confirm the forms are on file with:
- Campus health services
- Any ongoing providers (specialists, therapists, etc.)
- Any new providers your student may begin seeing near school
Document #2: FERPA Release (Education Records Consent)
A FERPA release is completed through the school and authorizes the college/university to share certain education records with designated people.
What it can cover:
- Academic performance information
- Financial aid details
- Billing/tuition statements
- Disciplinary matters
- Housing or conduct-related information
Many schools allow students to pick which categories parents can access. For example, your student might allow you to see tuition bills but not grades—or allow academic standing updates but not conduct records.
Action step: During orientation or in the student portal, look for FERPA permissions. If you can’t find it, your student can contact the registrar’s office and ask:
- Whether the school offers FERPA consent
- How to grant access
- What categories can be shared
Document #3: Healthcare Power of Attorney (Medical Power of Attorney)
A Healthcare Power of Attorney (POA) (also called a Medical POA in many states) allows your student to name a trusted person to make medical decisions if the student is unable to do so.
What it does:
- Gives an appointed agent authority to make healthcare decisions if your student is incapacitated
What it does not automatically do:
- It doesn’t necessarily guarantee smooth access to all medical information unless it’s paired with the right releases and provider procedures
Why it matters: In a serious emergency, you want clarity. Without a healthcare POA, providers may follow state-specific default rules or require legal steps to determine who can act. That can create delays in an already stressful situation.
Action step: Work with an estate planning attorney to draft and properly execute a healthcare POA that meets the requirements for:
- Your home state, and
- The state where your student will attend school (if different)
A key distinction: “Access to information” vs. “Authority to act”
Families sometimes assume that a HIPAA release and a healthcare POA are interchangeable. They’re not.
- HIPAA authorization: helps you receive information.
- Healthcare POA: helps you make decisions if your student can’t.
In real-life scenarios, you often want both, because:
- If you only have a HIPAA release, you may understand what’s happening—but not be able to consent to treatment.
- If you only have a healthcare POA, you may be able to act—but still face friction getting records or speaking with the right people quickly.
The financial planning connection most families miss
These are legal documents, but they can also be risk-management tools. When support is delayed, your family may face avoidable financial complications.
1) Medical events can create time-sensitive money decisions
Even with good insurance, emergencies can create immediate logistics:
- Coordinating travel to campus
- Managing time off work
- Handling out-of-network questions
- Paying deductibles or urgent expenses
- Navigating claims and paperwork
If you can’t get basic information—what facility your student is in, what follow-up is needed, who the treating physician is—your ability to handle these items may be slowed.
2) Your student likely has financial accounts you can’t access
Many students have at least:
- A checking account
- A debit card/credit card
- A savings account
- A car title/registration in their name
- A lease (off-campus) or contractual obligations
If your student were incapacitated, access can become complicated without the right legal authority. That’s where families often begin discussing a Durable Power of Attorney (financial)—a separate document that authorizes someone to handle financial and legal matters.
This article focuses on HIPAA/FERPA/healthcare POA, but it’s worth asking your attorney whether a financial POA is appropriate for your student as well.
3) The “college send-off” is a natural estate planning checkpoint for parents, too
Helping your student put documents in place often prompts an important question:
- When did you last review your own powers of attorney, healthcare directives, and beneficiary designations?
For many families, the highest value isn’t the forms themselves—it’s the clarity that comes from updating the entire family’s planning file: emergency contacts, insurance coverage, account access, and your wishes.
What to do before move-in: a simple, realistic checklist
You don’t need to solve everything in one appointment. But you can make meaningful progress in a few short steps.
Step 1: Have the conversation (and explain the “why”)
Students are more likely to sign forms when they understand the intent:
- This is not about monitoring daily life.
- This is about emergencies, logistics, and support when they want help.
A helpful framing: “If something happens and you want us involved, these documents make it easier for the people treating you and the people teaching you to communicate with us.”
Step 2: Complete the FERPA release through the school
- Find the form during orientation or in the student portal
- Decide what categories to permit
- Confirm access is actually granted (some schools provide a parent portal)
Step 3: Complete HIPAA authorizations where needed
- Ask campus health services which form they use
- Confirm whether there’s a separate process for counseling services
- Have your student name you and a backup contact
Step 4: Speak with an estate planning attorney about healthcare POA (and possibly financial POA)
Execution requirements vary by state (witnesses, notarization, statutory form language). An attorney can ensure the documents are valid and practical in real-world use.
Step 5: Build a one-page “family emergency sheet”
Keep it simple. Include:
- Student’s full legal name, date of birth
- School address and residence hall address
- Emergency contacts
- Insurance plan info and ID numbers
- Primary care physician and any key specialists
- Medications/allergies (as appropriate)
Store it where both parents/guardians can access it quickly.
If your student is going out of state: a note on state-specific rules
Healthcare powers of attorney are state-based documents. While many states will generally recognize documents executed elsewhere, real-world acceptance can vary by institution and situation.
If your student will attend college in another state, ask an attorney:
- Whether you should execute documents that comply with the student’s school-state requirements
- Whether any additional forms (or specific language) are recommended for that state
Also ask the school:
- Whether campus health services uses its own authorization forms
- How information-sharing works during emergencies
Frequently asked questions
“My student is on my health insurance. Doesn’t that mean I can talk to the doctor?”
Not necessarily. Insurance coverage and HIPAA privacy are separate issues. Once your child is an adult, providers generally need the patient’s permission to share details.
“If we’re paying tuition, can we automatically see grades?”
Not automatically. FERPA rights generally belong to the student once they enroll in postsecondary school (or turn 18). Many schools offer a FERPA release that students can sign to share specified information.
“Can we just call and explain we’re the parents?”
In some situations, professionals may share limited information based on judgment and policy—especially in emergencies—but you should not rely on that. Having the proper forms on file helps avoid uncertainty and delays.
“Do we need an attorney for all of this?”
- FERPA release: usually completed with the school.
- HIPAA authorization: often completed through providers.
- Healthcare POA (and financial POA): because these are legal authority documents with state-specific execution rules, many families choose to work with an attorney to ensure they’ll be honored when needed.
Bringing it back to your financial plan
College is a major investment—financially, emotionally, and logistically. The goal of planning isn’t to eliminate every risk; it’s to reduce preventable friction when life gets complicated.
Putting the right HIPAA, FERPA, and healthcare planning documents in place can:
- Make it easier to support your student quickly
- Help avoid delays during time-sensitive situations
- Reduce the chance that a medical or academic event turns into a financial disruption
If you’d like, our team can help you think through how this “college readiness” paperwork fits into your broader plan—cash flow, insurance strategy, emergency reserves, and your family’s estate planning coordination—so the transition to college doesn’t create blind spots.
Schedule a no-cost, no-pressure consultation with Amy Bouchie, CFP® CDFA® in Evansville
This article is for informational and educational purposes only and is not legal, medical, or financial advice. HIPAA, FERPA, and state-specific power of attorney laws are complex. Consult qualified professionals regarding your situation.