College Material

As parents begin to pack up their college-bound children, many overlook a crucial task: having conversations about parental access to certain legally protected information about the child, such as academic and medical records. Upon turning 18, children are considered adults, and privacy laws prevent parents from accessing their financial, academic, and health information without written consent, even if the parents are the primary means of support for the child.

The federal Family Educational Rights and Privacy Act of 1974 (FERPA) operates to guard student data privacy and applies to educational records. Once a child turns 18 or is attending college, they are considered an “eligible student” and at that point, the student’s parents do not have an automatic right to access the student’s grades. Parents usually want to know about their adult child’s health and academic progress, including the status of any scholarship requirements, but colleges are not required to keep parents informed.

In addition, parents have only limited rights as to their children’s healthcare information. Under the Health Insurance Portability and Accountability Act (HIPAA), once a child turns 18, they become legally responsible for their own healthcare decisions and medical information.

The adult child may feel differently about these matters from the parents but building trust and having open communication are helpful to ensure that parents can step in and help their adult child while they are at college. The documents required to make this possible are a Durable Power of Attorney and Patient Advocate.

It is better to address potential problems ahead of time rather than in the middle of a crisis. Please reach out to us at Wright Beamer at 248.477.6300, and we will help put these documents together for you.