Essential Legal Documents for Every College-Bound Graduate
July 6, 2026 | Barna, Guzy & Steffen, Ltd.
As students graduate from high school and look toward college, work opportunities, or travel plans, parents may already be helping them check off boxes on their preparation lists: furniture, bedding, textbooks, and laptops. But there are two crucial items that rarely make the list: a health care directive and a power of attorney. Every high school grad should have these essential legal documents prepared.
At Barna, Guzy & Steffen, we often work with families navigating major life transitions. One of the most significant transitions is when a child turns 18. While they may still feel like your baby, the law views them as legal adults. This legal shift has major implications, particularly in an emergency.
Here is what every Minnesota parent and graduate needs to know about the two essential legal documents they should put in place before the graduate heads out on their own.
Why Being “Mom and Dad” Is No Longer Enough
The moment your child turns 18, they gain the legal right to privacy regarding their medical, financial, and educational records. Because of strict federal laws like the Health Insurance Portability and Accountability Act (HIPAA), medical professionals are legally prohibited from sharing health information with you—even if you are paying for their health insurance or college tuition.
If your child experiences a medical emergency or a financial crisis while away at college (or anywhere else), you cannot simply step in and make decisions or obtain information as you did when they were 17. Without the proper documents in place, a parent might be forced to petition a court for guardianship or conservatorship to help their child—a stressful, costly, and time-consuming process during an already chaotic time.
To prevent this, every young adult should sign two foundational estate planning documents.
1. Health Care Directive
In Minnesota, a health care directive combines a living will and a durable power of attorney for health care. It allows your child to appoint a trusted person—typically a parent—as their health care agent, giving them authority to make medical decisions on their behalf if they become unable to communicate their wishes.
Why It Matters:
- Emergency Access: If your child is injured or temporarily incapacitated (e.g., in a car accident or suffering from a severe illness), their designated health care agent has the legal authority to talk to doctors, access medical records, and make medical decisions on their behalf.
- Outlining Wishes: It allows your child to state their preferences for medical treatment, ensuring their wishes are respected.
- Peace of Mind: You won’t have to fight bureaucratic red tape at a hospital bedside just to find out your child’s condition.
It is also highly recommended to have your child sign a specific HIPAA Authorization form alongside this directive to ensure seamless communication with medical staff.
2. Power of Attorney (POA)
A power of attorney allows your child (the “principal”) to designate a trusted adult (the “attorney-in-fact”) to manage financial and legal matters on their behalf. A power of attorney can be designated as “durable,” meaning it remains in effect if the principal becomes incapacitated.
Why It Matters:
- Financial Management: If your child is studying abroad, falls ill, or simply needs help managing their affairs, a POA allows you to access their bank accounts, pay bills, resolve credit card issues, or manage car insurance.
- Leases and Contracts: If your student needs to sign an apartment lease or handle a dispute with a landlord while they are busy with finals or away from home, a POA gives you the authority to sign documents or act on their behalf.
- Academic and Administrative Issues: While the Family Educational Rights and Privacy Act (FERPA) protects college records, a POA can assist in navigating complex administrative or financial aid hurdles with the university.
Make These Documents Part of Your Send-Off Checklist
Having these documents prepared isn’t about trying to control your adult child’s life; rather, it is a safety net. It ensures that if they ever need your help, you are legally equipped to give it immediately, without hesitation or legal roadblocks.
Because laws vary by state, it is important to have these documents drafted correctly under Minnesota law. If your student is attending college out of state, we can also help ensure the documents are structured to be recognized in their college’s home state.
Let BGS Help You Prepare for the Next Chapter
Preparing these essential legal documents for grads is a quick, straightforward process that offers immense peace of mind for both parents and children. Before you pack up the car and send your graduate off to their next chapter, let our experienced estate planning attorneys help you check off this vital task from your list.
Contact Barna, Guzy & Steffen, Ltd. today to schedule a consultation. Give us a call at (763) 780-8500 or visit our website to get in touch. We wish your family a safe, successful, and exciting year ahead!