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What Parents Need to Know in 2026
As graduation season arrives and plans for college, work, or travel take shape, many parents feel a sudden shift in their role. That feeling isn’ t just emotional … it’ s LEGAL. Once your child turns 18, they are considered an adult, with full authority over their medical, financial, and educational decisions.
Before age 18, parents automatically have access to medical records, can speak with doctors, and manage financial matters. After that milestone, privacy laws take effect immediately. Even if your child is still financially dependent and / or on your insurance, you no longer have the right to access their information without permission.
This transition is completely normal, but it can create real challenges in urgent situations. A bit of planning now can prevent confusion and delays later. Here are three essential documents every family should consider as their student steps into adulthood.
Durable Health Care Power of Attorney and HIPAA Authorization The Health Insurance Portability and Accountability Act( HIPAA) protects the privacy of medical information. Once your child turns 18, healthcare providers cannot share information with you unless your child has explicitly authorized it.
That means in a medical emergency, you could be left without critical updates— or even confirmation that your child is receiving care. Without proper documentation, you may need to go through a court process to gain decision-making authority, which can be time-consuming and stressful.
A Durable Health Care Power of Attorney allows your child to name a trusted person— often a parent— to make medical decisions if they are unable to do so. A HIPAA authorization ensures that healthcare providers can share information with you.
This applies broadly, including:
• Hospitals and primary care providers
• Campus health and counseling centers
• Specialists and urgent care facilities
Even routine situations can be affected. For example, if your college student is dealing with a health issue but wants your help navigating care, providers may not be able to speak with you without these forms in place.
Many families are now storing these documents digitally, making them easy to access quickly if needed.
Durable Financial Power of Attorney
Financial privacy also begins at 18. Without authorization, you cannot access your child’ s bank accounts, manage bills, or handle financial matters— even in an emergency.
A Durable Financial Power of Attorney allows your child to designate someone to act on their behalf. This can be critical if they are incapacitated, but it’ s also useful in everyday scenarios.
For example:
• A student studying abroad may need help resolving a banking issue
• A missed payment could impact credit or tuition deadlines
• Administrative issues may require someone to act quickly on their behalf
Some parents consider adding their name to a joint account, but that approach can create unintended complications involving taxes, financial aid eligibility, or creditor exposure. A power of attorney is often a cleaner, more flexible option.
In 2026, it’ s also important to include digital asset provisions. These allow access to things like email, cloud storage, financial apps, and even cryptocurrency accounts— areas that are increasingly central to daily life.
FERPA Waiver
The Family Educational Rights and Privacy Act( FERPA) gives students control over their educational records once they turn 18 or enroll in a postsecondary institution.
Without a FERPA waiver, parents cannot access:
• Grades and transcripts
• Disciplinary records
• Financial aid details tied to academic standing While many students are comfortable sharing this information, schools cannot release it without written consent.
Most colleges and universities provide their own FERPA forms, and students should complete them early— ideally before the semester begins. It’ s also worth checking whether their high school requires a separate form for any remaining records.
Taking the First Step
If your child is turning 18, or recently has, now is the time to have this conversation. These documents are not about control— they are about preparation. They ensure that if something unexpected happens, your child’ s wishes are respected, and the right people can step in to help.
Working with one of our experienced attorneys at Zacharia Brown & Bratkovich can make the process straightforward and ensure that everything is properly executed according to your state’ s laws. Call us at 724.942.6200 to get the process started.
This Industry Insight was written by Justin Ellis. Justin is a Senior Associate Attorney at Zacharia Brown & Bratkovich and counsels clients on estate and asset protection planning, Medicaid eligibility for long term care, Veterans’ benefits eligibility, and estate administration. He also represents clients in Orphans’ Court litigation, including guardianship proceedings for incapacitated adults. Pittsburgh-area office locations include Cranberry, McMurray and Murrysville / Delmont.
Contact information – Phone: 724.942.6200 Website: zacbrownlaw. com • E-mail: jellis @ zacbrownlaw. com
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