Sending Them Off to College: Legal Prep for Parents (and Students!)
- Fiffik Law Group, PC
- Jul 10
- 6 min read
As summer is heating up (pun intended), many of us are in full-on college prep mode. We're buying dorm supplies, attending orientation sessions, coordinating move-in day, and trying not to cry too much about our kids leaving the nest. But amidst all the excitement (and maybe a little anxiety), it's crucial to take a moment to consider the legal landscape facing your soon-to-be college student.
1. HIPAA and Medical Information: Who Gets Access?
Once your child turns 18, they are legally adults. This means that HIPAA (the Health Insurance Portability and Accountability Act) prevents you from automatically accessing their medical information, even if they're on your insurance.
The Solution
Have your child sign a HIPAA authorization form granting you access to their medical records and the ability to discuss their health with doctors. Keep this form readily available in case of an emergency. College health services often have their own forms, so inquire about those as well. Even better: have your child sign an advanced directive for healthcare not only giving you access to their records but also the legal authority to make healthcare decisions for them when they are unable to do so as a result of sudden illness or an accident.
2. Power of Attorney: In Case of Emergency
Just because you’re Mom or Dad doesn’t mean you get access to your child’s financial records. A Power of Attorney (POA) is a legal document that allows your child to designate someone (usually you) to act on their behalf in financial and legal matters if they become incapacitated or are simply unable to handle things themselves.
The Solution
Consider having your child execute a POA. There are different types (general vs. limited), so consult with an attorney to determine what's best. A POA can be invaluable if your child needs help managing finances, signing documents, or making important decisions while away at school.
3. Review Insurance Coverage
Make sure your child is adequately covered by health, auto (if they're taking a car), and property (renters) insurance. Understand what your existing policies cover while they're away at school.
The Solution
Contact your insurance providers to review your policies and make any necessary adjustments. Consider a supplemental student health insurance plan if your existing coverage is limited in the college's location.
4. Apartment Leases
Your child might be moving into an apartment for the first time. If so, you’ll likely be asked to co-sign on the lease. If there are one or more roommates involved, you could be legally liable for them if they fail to pay the rent or otherwise cause damage to the apartment.
The Solution
Have an attorney review the lease and suggest changes. If there are roommates involves, considering having them sign an agreement confirming their share of the rent and their liability for unpaid rent or damages, especially if you get a bill from the landlord for something that’s not your child’s fault. Get renters insurance as well – its cheap and a good investment.
5. Social Networking and Defamation
It should come as no surprise that cyber bullying is receiving more attention from law enforcement officials than ever before. Schools, too, are taking note of, and have been quick in many instances to sanction students, even for conduct entirely online outside of school. Students need to be careful with what they put in writing in emails and on social networking sites. Today’s technology makes it easier than ever to harass, and lets students be far more removed from the individual when they are doing it.
The Solution
Have a direct talk with your child about social media use. The rule here is if they would not do it in person, they should not do it online. Students should also keep in mind that not only do schools have the right to monitor a student’s online activity and act accordingly (and possibly also monitor email, depending on the university use policy), but everything put online is out there forever. College is a time to start having an eye toward the student’s future career. A student might not want to be answering questions about abusive or irresponsible social media use at future job interviews.
6. Cheating/Plagiarism/Artificial Intelligence
Every student knows about the dangers of cheating and plagiarism. Today, in addition to everything students have ever been told, it is especially important to be aware of the dangers of internet plagiarism – purchasing papers from internet databases or individual paper writers – which can have legal consequences for both the student and the paper source, and which will certainly have academic consequences. Students have to keep in mind, whenever technology is developed to cheat, parallel technology is developed to catch cheaters and universities are using it.
Indeed, many colleges have very detailed rules and regulations regarding academic integrity and typically define academic dishonesty to include actions such as sharing of information about a test with other students, copying or sharing lab reports or data, submitting a paper or assignment from a different course (i.e. self-plagiarism) and copying or sharing homework with other students.
It is important to note that academic dishonesty and plagiarism are viewed as very serious offenses, and schools often hold the student originator of work just as culpable for academic dishonesty as a student borrowing and or submitting the work improperly, even in some instances when he or she was unaware of the receiving student’s intention to borrow the work. Therefore, students are encouraged to protect their work at all times, and both students and parents should make great efforts to familiarize themselves with student/parent handbooks, particularly the provisions defining academic integrity and prohibited behaviors.
In late 2022, multiple online platforms were released using an artificial intelligence generated “chatbot” that can generate human dialog based off input the user provides. Platforms such as ChatGPT and BlackBox have many uses, including writing essays and coding software. These platforms do not cite where they derive their information. Where uncited information has been included, schools may label such content as plagiarism. There are also platforms that professors can use to detect AI usage. If the professor suspects an assignment was completed with the help of an AI platform, the student may face the same consequences for academic dishonesty and plagiarism. Institutions may have different protocols concerning AI usage, which should be found in the institution’s student handbook.
7. Emergency Contact Information
Ensure the college and your child’s roommates or friends have accurate emergency contact information for you and any other designated individuals.
The Solution
Double-check that the college's records are up-to-date. Get a list of your child’s friends’ names and contact information. Make sure they know that its ok that they contact you in the event of an emergency. Consider purchasing a legal membership such as LegalShield for your student. These memberships make it easy for your student to contact and consult with an attorney in the event something happens such a car accident, incident with the police, traffic violation, problem with the landlord, etc. Empower them just in case there’s a need.
8. What if Your Student Gets in Trouble?
Very rarely will a college student encountering a potential legal problem know when to seek legal advice. They often need to quickly find someone they trust. In some circumstances, an attorney should be hired immediately. Dealing with legal troubles sooner rather than later is generally better. Very frequently, issues can be resolved easily very soon after an infraction, but they may become much more difficult to resolve as time goes by. Having a criminal record may later result in required disclosure on job applications and license applications (for example, to practice law).
It should also be noted that in certain circumstances, insurance liability and coverage may be at issue as a result of a student’s actions, which may result in a civil lawsuit against the student (or even a parent, if, for example, an automobile accident occurs and the student is driving a car registered to a parent). Again, while it may not always be easy to identify potential legal issues, parents (and students), if in doubt, should consult with an attorney.
Sending your child off to college is a major milestone. By addressing these legal considerations, you can help ensure their safety and well-being while they're away from home. Taking these steps now can provide peace of mind for both you and your child. Good luck with the move-in!