You’ve spent months thinking about dorm supplies, meal plans, and tuition payments.

But there’s something most families completely overlook before move-in day.

The moment your child turns 18 — or the moment they step onto a college campus — two federal laws quietly transfer control of their medical and educational records away from you and over to them.

Not partially. Completely.

If your college freshman is hospitalized three states away, the hospital is not required to tell you anything. Not their condition. Not what treatment they’re receiving. Not whether they’re stable.

Because legally, they’re an adult. And you’re just a parent.

It’s a jarring reality that most families don’t discover until they need it. The good news? It’s an easy problem to solve — before they leave.

The Two Laws You Need to Know

FERPA — the Family Educational Rights and Privacy Act — protects the privacy of your student’s educational records. That includes grades, academic standing, disciplinary events, and information from the campus health center. Once your child enrolls in college, FERPA transfers control of all of that to them, regardless of who’s paying the tuition bill.

HIPAA — the Health Insurance Portability and Accountability Act — protects sensitive health information. Once your child turns 18, HIPAA gives them full control over their medical records and healthcare decisions.

Together, these two laws mean that if your student seeks medical treatment on or off campus — or if they’re injured or fall seriously ill — you won’t automatically be able to speak with doctors, access records, or have any input into their care.

Unless you have the right paperwork in place first.

Here’s what you need.

1. FERPA Waiver

A FERPA waiver gives you access to your student’s educational records — but only the specific records they choose to share with you.

This is not a blanket waiver. Your student gets to decide exactly what you can see. They could allow you access to the tuition statement but not their grades, for example, or grant access to medical information from the campus health center but nothing else.

FERPA waivers are available directly through the college or university, typically through the registrar’s office. Some schools handle this with a paper form; others do it online. Either way, it’s worth completing before or shortly after arrival on campus.

2. HIPAA Release Form

A HIPAA release form is essentially a permission slip that allows you to be part of conversations and decisions relating to your student’s health.

One important detail most families miss: HIPAA release forms must name a specific healthcare provider. You can’t just sign one general form and call it done. You’ll likely need separate forms for the campus health center and the nearest hospital where your student would go in an emergency. If they plan to see any off-campus providers, you’ll need one for those too.

A few practical notes:

• Check the school’s health services webpage — many colleges provide links to free forms families can use.
• Fill out forms for both your home state and the state where your student will be going to school, since forms can vary.
• Stand-alone HIPAA release forms do not need to be notarized.
• Your student’s doctor at home may also have a form ready to go.

3. Medical Power of Attorney (Healthcare Proxy)

A HIPAA release lets you receive information. A Medical Power of Attorney — also called a Healthcare Proxy — lets you act on your student’s behalf if they’re unable to make decisions themselves.

Think: serious accident, emergency surgery, being incapacitated. In those situations, you want the legal authority to step in immediately — not after navigating a slow, stressful court process.

Each state has its own form, and some states require notarization. One bonus worth knowing: in many states, HIPAA release is rolled into the Medical Power of Attorney, meaning you only need one form instead of two.

4. Advance Directive (Living Will)

An Advance Directive, sometimes called a Living Will, spells out your student’s preferences for end-of-life care in the event they can’t communicate those wishes themselves.

This isn’t a comfortable document to think about. But it’s an important one.

One practical reason to complete it: many Advance Directives include Medical Power of Attorney language, so it can serve double duty. The National Hospice and Palliative Care Organization has state-specific forms and guidance available at caringinfo.org.

5. Durable Power of Attorney (Financial)

A Durable Power of Attorney covers the financial side of things.

This document allows a designated adult — typically a parent — to make financial decisions on your student’s behalf. That includes accessing bank accounts, paying bills, signing tax returns, and even making adjustments to financial aid if needed.

In some states, a Durable POA can also incorporate Medical Power of Attorney, which can simplify the whole process.

A Few Final Notes on Getting This Done

Consider an attorney. Many of these forms can be completed online for free or at low cost. But if your family has any complexity — financial accounts, property, blended family situations — a local estate planning attorney can prepare a full package for a few hundred dollars and make sure everything is properly drafted for your state.

Sign everything before they leave. Once your student is on campus and busy with classes and social life, getting them to sit down for paperwork becomes significantly harder. Handle it over the summer.

Notarize where required. Requirements vary by document and by state. When in doubt, notarize anyway — it never hurts and sometimes it’s required.

Save copies everywhere. Sign the originals, then save digital copies on your phone, your student’s phone, and your home computer. If you ever need these documents, you’ll need them fast.

This Isn’t About Being Overprotective

Your kid is becoming an adult. That’s a good thing — and these documents respect that. Your student is the one who decides what to share and who gets these powers. They’re in control.

But adulthood and preparedness aren’t mutually exclusive.

The families I work with are often great at planning the financial side of college — savings, loans, aid packages. This is the piece that falls through the cracks because it doesn’t show up on any tuition bill or college checklist.

It should.

The Short Version

Before move-in day, make sure your student has signed:

• FERPA Waiver — through the college registrar, so you can access educational records they choose to share
• HIPAA Release Form — for each healthcare provider, so doctors can speak with you
• Medical Power of Attorney — so you can make medical decisions in an emergency
• Advance Directive — to document their healthcare wishes and often includes Medical POA
• Durable Power of Attorney — so you can handle financial and legal matters if needed

A few hours of paperwork now can make an enormous difference when you least expect it.

And if you want to make sure the financial side of college is just as buttoned up — tuition strategy, aid, loans, and how it all fits with your retirement plan — let’s talk.