Powers of Attorney for College Students - What Every Parent Should Know

Sending your child off to college or university is one of the biggest milestones in a parent’s life. The move-in day excitement, the course schedules, and the bittersweet goodbyes all mark the beginning of a new chapter for your child, and for you. It’s a season of independence, growth, and opportunity.

But there’s one important piece of preparation that often gets overlooked: the legal shift that happens when your child turns 18.

Once your child is legally an adult, you no longer have automatic authority to make decisions for them. That means if they were to face a medical emergency or need help with financial matters, you might find yourself unable to step in, unless the proper legal documents are in place.

Parents often assume that because a child is still “their child,” they’ll be able to step in if something happens. The reality is that, under the law, an 18-year-old is responsible for their own medical and financial decisions. This is where powers of attorney become crucial.

Why Powers of Attorney Matter for Young Adults

Powers of attorney (POAs) are legal documents that allow someone to make decisions on another person’s behalf if they’re unable to do so themselves. While many people think of these documents as something only older adults need, they’re equally important for young adults, especially those heading off to college or university.

Here are two key documents to consider for your child once they turn 18:

1. Power of Attorney for Personal Care
This document allows your child to name someone they trust (often a parent) to make healthcare decisions if they can’t speak for themselves.

Without a POA, parents may still be able to step in under Ontario’s Health Care Consent Act (if their child doesn’t have a spouse) since parents are usually next in the statutory decision-making hierarchy. But the process of clarifying who has the right to make decisions can cause delay, and the decision-making powers under the HCCA are limited - they apply only to treatment, admission to care facilities, and personal assistance services. Broader areas of personal care, such as hygiene, nutrition, safety, and shelter, are not covered.

Having a POA avoids this limitation and removes uncertainty. It makes clear who has authority, allows doctors to release medical information right away, and ensures that the chosen decision-maker has broader authority to support your child in all aspects of personal care if needed.

2. Power of Attorney for Property.

This document allows your child to name someone to manage their financial affairs if they’re not able to do so themselves. This can include paying tuition, rent, bills, or managing bank accounts. Even a temporary illness could leave them needing someone else to step in and help. With a power of attorney for property in place, you can act quickly and without red tape.

Without a POA for Property, parents do not automatically have authority to handle their adult child’s financial matters, even if the child loses capacity. This can create delays or complications if urgent financial decisions need to be made. A POA ensures the named attorney can step in immediately, providing full authority to manage all aspects of your child’s finances as needed.

Protecting Independence, Not Limiting It

Some parents and young adults worry that creating these documents means giving up independence. In reality, it’s the opposite. A power of attorney doesn’t take away your child’s right to make their own decisions - it simply provides a safety net in case of the unexpected.

Think of it like car insurance. Your child may never need to use it, but if they do, it’s invaluable. Having these documents in place doesn’t mean you’ll be running their life; it just ensures that if something serious happens, you’ll be able to help when they need you most.

When to Put These Documents in Place

The ideal time to arrange powers of attorney is right around your child’s 18th birthday, or when they leave for college or university. You may wish to schedule an appointment with an estates lawyer before school starts, making it part of the transition into adulthood.

It’s also a great opportunity to talk with your child about responsibility, independence, and planning ahead. Those values that will serve them well far beyond their student years.

A Small Step for Peace of Mind

Sending your child off to college is emotional enough without worrying about what might happen if an emergency arises. Powers of attorney are simple documents that can provide enormous peace of mind. They ensure that if your child needs you, you’ll have the legal authority to step in and support them without unnecessary delays or complications.

So as you’re shopping for dorm essentials, laptops, and backpacks, consider adding one more item to your list: protecting your child with the right legal documents. It’s a small step that can make a big difference in their future — and in your peace of mind.

If you would like to make a Power of Attorney or have any questions, please contact us to schedule a consultation

This blog post is for informational purposes only and is not intended to provide legal advice. If you require legal assistance, before taking any action you should contact us or another qualified lawyer to discuss your situation.