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College Bound? Don’t Forget the Medical Power of Attorney

Michael L. RutkowskiAugust 26, 2025

It’s that time of year again! Parents are busy gathering dorm essentials, renting U-Hauls, and sharing heartfelt goodbyes in parking lots. However, one crucial aspect often gets overlooked: what happens if your 18-year-old experiences an illness or injury while away at college? Legally, you might lose the ability to intervene unless you take proactive steps in advance. In this edition, we’ll provide essential information that every Michigan parent should be aware of before the big move-in day.

Client Testimonial

When Kathy Wood embarked on her estate planning journey, she was uncertain about how to begin. However, she discovered a team that was eager to listen, provide guidance, and go above and beyond to ensure she felt supported throughout the entire process.

"Very much appreciated the attention to detail and the kindness from Rutkowski Law. As someone with absolutely no idea what to even ask, I found them patient, kind, and willing to go the extra mile to answer questions. If you need an attorney, you can’t go wrong reaching out to Rutkowski Law Firm."

– Kathy Wood, Marquette, MI

Why Turning 18 Changes Parental Rights

When your child reaches the age of 18, they are legally recognized as an adult, which means you no longer have automatic access to their medical records.

Under HIPAA, the federal privacy law, healthcare providers cannot share health information with you without your written consent. Even if you are still covering their expenses, you cannot simply call to request updates. This is why it’s essential to plan ahead.

How a Medical Power of Attorney Works for College Students

A Medical Power of Attorney (MPOA) empowers your child to designate someone, typically a parent, to make medical decisions on their behalf if they are unable to do so.

This legal authority takes effect in situations where your child may be unconscious, sedated, or otherwise incapacitated.

It’s important to note that this isn’t limited to dire circumstances; serious sports injuries, illnesses, or accidents can activate it. Our team is here to help you easily prepare this essential document before your student heads off to school.

Other Essential Documents for Young Adults

In addition to a Medical Power of Attorney, your college-bound student should also have the following essential documents:

  • HIPAA Release Form: This allows you to communicate with their healthcare providers regarding their medical care.
  • Durable Financial Power of Attorney: This ensures that you can manage financial matters, such as bills or banking issues, should the need arise.
  • Updated Emergency Contact Information and Insurance Cards: These ensure that you have immediate access to critical information in case of an emergency.

These documents are not about exerting control; they are fundamentally about care. They ensure that you can provide the necessary support when your child needs you the most.

Let’s Make Sure You’re Covered

Let’s clear up the confusion and create a plan that truly protects what matters most.

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Estate Planning Guide

Estate Planning is an essential process that will protect your assets and ensure you’re your estate is distributed according to your wishes after your death.

Many people make mistakes when creating their estate plan, which can lead to unnecessary stress, confusion, and costly legal battles for their loved ones. Below, our estate planning team put together the top 10 and most common mistakes we see in estate planning.

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Screenshot of Top 10 Estate Planning Mistakes