Your teenager turns 18, graduates from high school, and heads off to college. They're still on your health insurance; you're paying the tuition bills and their living expenses. But if they're in an accident or have a medical emergency, the hospital may refuse to speak with you. Their bank won't discuss their bank account or give you access. The university registrar won't share grades, even though you're footing the bill. Welcome to the reality of legal adulthood in Florida.
When a child turns 18, they become an adult under Florida law. Parents typically do not think about it, but they immediately and automatically lose the legal authority they've held since birth to access their child's medical information, financial accounts, and educational records. While this abrupt shift goes unnoticed for the most part, it catches many families off guard when there’s an emergency.
The good news is that Florida law provides straightforward tools to bridge this gap: a power of attorney for financial matters, and a healthcare surrogate designation for medical decisions; and Federal law provides for a FERPA waiver for educational records. Understanding why access is lost and how to restore it is essential for every Florida family with college-bound or young adult children.
Why Parents Lose Access at 18: The Age of Majority
Under Florida law, individuals reach the age of majority at 18 years of age. As legal adults they gain the legal right to enter contracts, make medical decisions, manage their own finances, and control access to their personal information…and their parents lose control. These fundamental rights of adulthood belong exclusively to the individual, to the new “adult child”.
The irony is as parents still supporting a college student, the emotional and financial obligations to these young adults remain, but the ability to control or handle their affairs when they need help has been lost. It’s not something most parents think about when they send their kids off to college.
The Three Essential Documents
Families can proactively address this access gap by putting three straightforward legal documents in place before or shortly after the child turns 18. These documents allow young adults to grant parents the authority to help in emergencies while maintaining appropriate independence.
1. Durable Power of Attorney for Financial Matters
A power of attorney is a legal document in which one person (the "principal") authorizes another person (the "agent") to act on their behalf. In this context, the 18-year-old is the principal, and one or both parents serve as agents with authority to manage specified financial matters.
Under Florida law, a power of attorney can grant broad or limited authority. For young adults, a comprehensive power of attorney typically authorizes, among other things, the agent to:
- Access and manage bank accounts and financial statements
- Communicate with banks, credit card companies, and student loan servicers regarding accounts and payments
- Pay bills, manage expenses, and handle routine financial transactions
- Access online banking and receive account notifications
- Assist with filing taxes or signing tax-related documents
- Manage financial aid paperwork and communications with the college bursar's office
- Handle insurance claims and benefits
The power of attorney does not give parents ownership or control of the young adult's money—it simply allows them to act on the young adult's behalf when needed. The young adult retains full control and can revoke the power of attorney at any time.
2. Healthcare Surrogate Designation
A healthcare surrogate designation (also called a healthcare proxy or medical power of attorney) is a legal document in which an individual designates another person to make healthcare decisions on their behalf if they become unable to do so.
What It Covers
Under Florida law, a designated healthcare surrogate has broad authority. The surrogate may:
- Receive the principal's health information, including oral communications and medical records created or maintained by any healthcare provider, hospital, or health plan
- Make all healthcare decisions for the principal, including decisions about diagnostic tests, medical treatments, surgical procedures, and medication
- Provide informed consent, refuse consent, or withdraw consent for any medical treatment, including life-prolonging procedures
- Access medical records reasonably necessary to make informed healthcare decisions
- Authorize admission to or discharge from hospitals, nursing facilities, and other healthcare institutions
- Apply for public benefits such as Medicare or Medicaid on behalf of the principal
- Communicate with doctors, nurses, therapists, and other healthcare providers about the principal's condition and care
Importantly, the surrogate's authority can be drafted to take effect immediately or only upon a determination that the principal lacks the capacity to make healthcare decisions. For young adults, many families choose the immediate-authority option, which allows parents to access medical information and communicate with providers in real time, even when the young adult is able to make their own decisions. This is particularly useful when a college student is far from home, and parents need to coordinate care or understand a medical situation quickly.
3. FERPA Authorization for Educational Records
The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. Once a student turns 18 or attends a postsecondary institution, all rights under FERPA transfer from the parents to the student. This means colleges and universities cannot disclose education records—including grades, transcripts, class schedules, disciplinary records, or financial information—to parents without the student's written consent.
What FERPA Covers
Education records under FERPA include records maintained by the institution that contain information directly related to a student, including:
- Academic transcripts and grade reports
- Class schedules and enrollment status
- Disciplinary records and conduct proceedings
- Financial aid information
- Tuition and fee billing statements
- Academic advising notes
- Disability services accommodations
FERPA also prevents disclosure of student information to third parties.
Unlike powers of attorney and healthcare surrogate designations, FERPA authorizations are controlled by federal law and institutional policy. Each college or university sets its own procedures and families should discuss execution of a FERPA authorization during the first weeks of the student's freshman year. If a student transfers to a different school a new FERPA authorization may be required; students should verify that their existing authorization remains active and if not, execute a new one if they transfer schools.
Limitations of FERPA Authorization
FERPA authorization allows the institution to disclose records to parents; it does not give parents decision-making authority. The student remains the only person legally authorized to make academic decisions, register for classes, change their major, or withdraw from school. FERPA authorization simply allows parents to stay informed.
When to Put These Documents in Place
Ideally, families should execute all three documents—power of attorney, healthcare surrogate designation, and FERPA authorization— immediately after the child turns 18, and certainly before the student leaves for college.
About the Author: Brian W. Corlew is a shareholder in the firm with more than 14 years of experience in representing clients in complex family law, guardianship and estate planning/probate matters.
This article is for general information only and is not intended as and does not constitute legal advice or solicitation of a prospective client. It should not be relied on for legal advice in any particular factual circumstance.