Once your child turns 18, the law treats them as an adult, even if they are still living at home or heading off to college. Parents no longer have automatic authority to make medical, financial, or educational decisions on their behalf. For most college students, a few basic estate planning documents can help avoid delays, miscommunication, and court involvement if an emergency arises.
College may feel early for estate planning, but legal adulthood changes the rules immediately. Knowing what those changes mean allows families to put simple protections in place before they are ever needed.
Why Estate Planning Matters Once Your Child Turns 18
At 18, your child is legally an adult under California law. That means doctors, banks, and schools cannot share information with you or take instructions from you without written authorization.
If your student is injured, becomes ill, or faces a financial issue while away at school, you may not be able to step in right away. Estate planning documents bridge that gap by clearly granting permission where the law no longer assumes it.
These documents are not about distributing assets later. They are about access and decision-making now.
The Core Documents College Students Should Have
Most college students do not need a full estate plan. A small set of documents usually covers the most common concerns.
Advance Health Care Directive
An Advance Health Care Directive allows your child to name someone to make medical decisions if they cannot communicate. It also gives doctors permission to share medical information with the named agent.
Without this document, hospitals may delay sharing information, even in urgent situations, or require a court process before allowing anyone to act.
HIPAA Authorization
A HIPAA authorization allows healthcare providers to release medical information to parents or other trusted individuals. This document works alongside an Advance Health Care Directive and helps avoid communication barriers during emergencies.
Durable Power of Attorney
A Durable Power of Attorney allows your child to name someone to handle financial or legal matters if they are unavailable or incapacitated. This can include paying bills, managing a bank account, or handling lease or insurance issues. Without it, parents may need court approval to help with even routine financial matters.
How These Documents Protect Parents and Students
Estate planning for college students is about reducing friction when timing matters.
With the right documents in place, families can avoid:
- Emergency court petitions to obtain authority
- Delays in medical decision-making
- Inability to access financial or academic information
- Stressful uncertainty during already difficult moments
These documents also respect your child’s independence. They allow your student to choose who can step in and under what circumstances.
What Happens If No Documents Are in Place
If a college student becomes incapacitated without any planning documents, parents often assume they can act automatically. In reality, institutions may require conservatorship or guardianship proceedings before allowing anyone to make decisions.
Court involvement can be time-consuming and public. It can also limit flexibility compared to documents your child signs voluntarily.
When to Put College Planning Documents in Place
Many families choose to complete these documents before the first semester begins. Others wait until a student is home on break. The timing matters less than having the conversation early and addressing questions before there is pressure.
These documents can usually be prepared quickly and updated later as circumstances change.
How We Help Families Take the Right First Step
We help families focus on what actually matters for college-age adults, without adding unnecessary complexity. Our role is to explain the options, prepare documents tailored to your student’s situation, and ensure everyone understands how they work.
Every family is different, and the right approach depends on comfort level, communication, and long-term planning goals.
A Smart Step Before the Semester Starts
Estate planning for college students is not about expecting the worst. It is about being prepared for real-world situations that happen every day. At OC Wills & Trust Attorneys, we help parents and students put simple, effective protections in place so you can focus on education, not legal hurdles. If you are preparing your child for college or already navigating campus life, contact us. We are ready to help you get started.
