Does a College Student Need a Power of Attorney? A Guide for Young Adults
Turning 18 is an important milestone. You gain the legal authority to make your own decisions, enter contracts, manage your finances, and direct your medical care. At the same time, your parents or guardians generally lose the automatic legal authority they had to act on your behalf while you were a minor.
Financial advisors and estate-planning attorneys sometimes suggest that a young adult sign a power of attorney, often called a “POA,” after turning 18, particularly when heading off to college or traveling abroad. But what does a power of attorney actually do? Why might a college student or other young adult need one? And does signing one mean giving up control?
What Is a Power of Attorney?
A power of attorney is a legal document in which you authorize another person to act on your behalf.
The person signing the document is called the principal. Although people often say that they are naming someone “as their POA,” the power of attorney is actually the document, and the person named in the document is the agent.
There are two primary types of powers of attorney: A financial power of attorney and a health care power of attorney.
What Does a Financial Power of Attorney Do?
A financial power of attorney authorizes your agent to handle your financial matters on your behalf. Depending on how it is written, the authority may be broad or limited to particular matters.
For example, a financial power of attorney may allow your agent to do the following on your behalf:
- Communicate with a bank or financial institution;
- Access an account or transfer funds;
- Pay bills;
- Resolve an insurance issue;
- Assist with a student loan or financial-aid matter;
- Sign financial or legal documents;
- Obtain financial information or records; and
- Prepare or file tax documents.
A financial power of attorney can be valuable during a serious emergency. For example, if you are hospitalized for an extended period, your agent may be able to make sure your rent and other bills are paid.
It can also be useful when everything is going well. Suppose you are studying abroad and a problem with your bank account must be addressed while you are away. A properly drafted power of attorney may allow your agent to work with the bank on your behalf.
Because a financial power of attorney can grant significant authority, the document should be tailored to the amount and type of assistance you actually want and need.
What Does a Health Care Power of Attorney Do?
A health care power of attorney allows you to select someone to make health care decisions for you if you cannot make or communicate those decisions yourself.
For example, if you are unconscious after an accident, your agent is able to make urgent decisions about your medical care, and the medical team will know to speak with your agent about important information such as your medical history or medication allergies.
You may also want a separate document called a HIPAA authorization. That document can help your medical providers know that they are authorized to share information with the people you choose.
This can be useful even when you remain capable of making your own health care decisions. For example, you may want a parent or another trusted person to help you:
- Schedule appointments;
- Understand treatment options;
- Discuss possible medication side effects;
- Address insurance questions;
- Obtain medical records; or
- Keep track of follow-up instructions.
Hospitals, physicians, colleges, and other institutions may have their own authorization forms and procedures. In addition, academic records are protected by the Family Educational Rights and Privacy Act, commonly known as FERPA, so additional authorization may be required if you wish for your agent to have access to your school records. An attorney can help you determine which documents are appropriate for your circumstances.
Does Signing a Power of Attorney Mean Giving Up Control?
Signing a power of attorney does not prevent you from continuing to manage your own finances or make your own decisions as long as you’re able to do so. You remain free to access your accounts, pay your bills, sign documents, direct your medical care, and otherwise handle your affairs.
However, that does not necessarily mean the power of attorney has no effect while you are able to act for yourself. The power of attorney should specify when the agent’s authority starts. Most often, a power of attorney will either a) give the agent the power to act immediately once the document is signed, or b) allow the agent to act only if the principal is incapacitated (the latter is called a “springing power of attorney”).
Once the power of attorney takes effect, your agent has the legal authority to take any actions permitted by the document. The agent is required to act in your best interest and to keep you informed of what they are doing, but does not need to obtain your separate approval each time the agent acts.
There are advantages to giving the agent authority to act immediately, even if you are not incapacitated. This can be convenient when you want help dealing with a bank, insurer, lender, medical provider, or other institution, and can also help to protect you and your property in the event of an emergency. Of course, it also gives your agent a lot of power, with the potential to be abused. This is why you should name only someone you trust completely.
An attorney can help you determine when your agent should be permitted to act, and what powers your agent should have. The power of attorney can be drafted to fit your needs. For example, it may:
- Give the agent broad authority;
- Limit the agent to particular matters or transactions;
- Restrict when or how certain powers may be used; or
- Provide that the agent’s authority begins immediately or only after a specified event (such as your incapacity).
As long as you have capacity, you can generally revoke the document, replace the agent, or sign a new power of attorney. It is also important to know that while your agent under a health care power attorney may be able to take certain actions such as scheduling appointments or talking with your doctor, you are in charge of your health care decisions as long as you’re capable of making them.
What About Supported Decision-Making?
Some states, including Arizona, recognize supported decision-making agreements for adults with disabilities. Under a supported decision-making agreement, a trusted supporter may help the disabled adult obtain and understand information, consider available choices, and communicate the disabled adult’s own decisions. However, the supporter cannot make decisions or act on behalf of the disabled adult. If you believe a supported decision-making agreement may be appropriate for you, ask your attorney to explain the advantages or disadvantages of a supported decision-making agreement, and help you compare it to a power of attorney.
How Should You Choose an Agent?
A power of attorney gives the agent significant authority. You should choose someone who:
- Has your complete trust;
- Understands and respects your wishes;
- Will support your independence;
- Is organized and responsible;
- Will communicate clearly with you;
- Understands the limits of their authority; and
- Will act for your benefit rather than for their own benefit or convenience.
Before naming someone, talk with that person about the role. Make sure the person is willing to serve and understands when you expect the authority to be used.
You should also consider naming a backup agent in case your first choice is unavailable or unable to act.
Powers of Attorney Can Change as Your Life Changes
The documents that are appropriate when you begin your adult life may not be the same documents you want after college graduation, marriage, a move, or another major life change.
Powers of attorney are not necessarily permanent choices. They can be reviewed and updated as your circumstances, needs, and trusted relationships evolve.
These are powerful legal documents, and the requirements vary by state. Before signing a power of attorney, speak with an estate-planning attorney who can explain the document, answer your questions, and help ensure that it is tailored to meet your particular needs.