Skip to content

Estate Planning Tips to Get Your Child Ready for College

milttown estate planning

For parents of high school graduates, the summer months are often busy planning for the college semester looming ahead. Both the future college student and their family are likely to be feeling a mix of excitement and apprehension. Even if your teen is going to school relatively close to home, it still represents a transition to early adulthood. In most cases, rather than deferring to mom or dad, your son or daughter will be making their own decisions and dealing with other adults and institutions independently. As a result, it is important to consult with our New Jersey family law attorney to ensure the proper legal documents are in place.

Make sure everything is ready for your child to head to college! Get in touch with our Middlesex attorney at the Law Office of Jordan B. Rickards. We will make sure you and your kids are ready for whatever comes next.

law services in new jersey

Your Child’s Right to Privacy as a College Student

Parents are used to being involved in virtually every area of their child’s life. Even though teenage children may be growing up quickly and are assuming more responsibility, parents are still the first point of contact for them. At high school, parents get notified of absences, required to attend periodic conferences regarding grades, have input when it comes to sports or recreational activities, and are informed about any health issues or those involving the guidance counselor.

With college planning, parents generally provide all the financial documents required and play a major role in determining which school the child will attend. All of this changes once the student goes off to college. The Family Educational Rights and Privacy Act (FERPA) is a federal law that serves to protect the rights of college students. It protects their grades, attendance records, and many other issues that are likely to develop on campus. In many cases, there are restrictions regarding what the college can tell parents, particularly when it comes to the following:

  • Personal information
  • Personal health care choices 
  • Financial matters
  • Security related issues
  • Disciplinary concerns

Even in terms of general health care, parents may be listed as an emergency contact, but the school is not obligated to automatically give out any information. This type of information is often protected under the federal Health Insurance Portability and Accountability Act (HIPAA).

Estate Planning Documents Your Adult Child Needs

Considering the level of privacy college students are afforded and the fact that they are treated as adults, it is important for parents to take legal steps to ensure their rights and those of their children are protected. Some estate planning documents your college student should have in place before leaving for school include:

  • A will: In some cases, students may have cars, expensive electronics, recreational vehicles, websites, online businesses, and money in savings accounts or being held in trust. Not having a will could result in potentially lengthy probate court proceedings. Even if they do not possess these types of assets, a will is still a smart idea.
  • Power of attorney: This document authorizes you or another person they name to handle financial and business matters on their behalf if they become incapacitated due to an accident or illness.
  • Advance directives: In New Jersey, advance directives provide important information to health care providers about the types of medical care your child would want if an accident occurs. This includes a health care power of attorney, which authorizes you to make important decisions regarding medical treatment on their behalf.

Get Guidance From Our Middlesex Estate Planning Attorneys

To protect your child while they are away at college, the Law Office of Jordan B. Rickards can guide you in the legal documents that should be put in place. To request a consultation, contact our Milltown family law attorneys today.

Call Now ButtonCALL NOW