College-bound children should have a durable power of attorney and designation of patient advocate in place before they head off to school this fall. In general, anyone over the age of 18 should have these documents in place. These documents allow the individual to authorize another person or persons to act on his or her behalf in certain situations. 

Contrary to what many clients believe, nothing under the law gives a parent the authority to act on the behalf of their adult children (age 18 and older). The relationship of parent/child is not enough. Legal documents must be put in place granting someone (including parents) the ability to act on behalf of any individual age 18 and older. 

A durable power of attorney deals with business and financial matters. This document allows the individual named (often called “agent”) to act on behalf of the college student when necessary, and without the college student needing to be present to act on his or her own behalf. The following list (which is not all inclusive) provides some examples of what a durable power of attorney naming one’s parent as agent would allow the parent to do on behalf of the child: 

• Handle banking matters; 

• Handle tuition payments and rental agreements, etc.; and 

• Sign legal documents.

In essence, it allows an agent to handle all of the child’s business and financial affairs, including school affairs, while they are unable to do so - even in the unfortunate event of an unexpected disability. 

A designation of patient advocate deals with health care matters. This document permits an individual to name one or more individuals (called “patient advocates”) to make care, custody, medical and/or mental health decisions for the individual, but only when he or she can no longer communicate those decisions on his or her own (as certified by two physicians), and also permits an individual to authorize the withholding or withdrawal of life support systems, and authorize or refuse organ donation in the event of death. All college students should have a designation of patient advocate in place. Why? Because accidents happen. If for any reason, the student is unable to make medical or mental health care treatment decisions for himself or herself, the student’s designated patient advocate would be able to act according to the student’s predetermined wishes. 

If you or your clients have a child heading off to college this fall, educate them on the importance of having a durable power of attorney and designation of patient advocate in place. 

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Melisa M. W. Mysliwiec can be reached at Fraser Trebilcock, 40 Pearl Street NW, Suite 910, Grand Rapids, Michigan 49503, (616) 301-0800, or by e-mail at mmysliwiec@fraserlawfirm.com. She, or any other member of Fraser Trebilcock’s Trusts and Estates Department, can also be reached at its Lansing office, located at 124 West Allegan Street, Suite 1000, Lansing, Michigan 48933, (517) 482-5800.