FAQ: Can I Make Medical, Financial, and Educational Decisions for my Child Going Off to College?

ANSWER: No, upon your child reaching the age of 18, your right to obtain medical or educational information regarding your child is extremely limited. As your child goes off to college, a properly executed Power of Attorney will extend a parent’s ability to obtain medical, educational, and financial information relative to their child and may also allow them to make important decisions for them.

After the age of 18, a Power of Attorney, depending on its terms, may allow a parent to make medical, financial, and educational decisions for their child in the event of disability or incapacity and/or during important times when the child needs to lean on the parent for their knowledge and expertise during major life decisions. Under Michigan Law, a parent holding a properly drafted Durable Power of Attorney may continue to act on behalf of their child during periods of incapacitation or for a limited period of time during non-incapacity. Financial institutions, medical providers, and/or schools will not rely on a parent’s inherent authority over their young adult unless a properly executed Power of Attorney is voluntarily executed by the child authorizing the parent to have access to their private matters and/or continue to make important decisions for them. In the event of incapacity, without a properly executed Power of Attorney, a parent will need to file a Petition for Guardianship or Conservatorship with the Court to permit them to make financial and medical decisions for their incapacitated child.

Before your child heads off to college, give Banfield Couling, PLLC a call.

PLEASE NOTE: This blog is not intended to constitute legal advice.  We do not recommend making important decisions of the type addressed in this article without specific legal advice in advance.