Why you need these at 18
On their 18th birthday, your kid becomes a legal adult. Their medical information belongs to them. A doctor or hospital usually can't share it with you, and you can't make decisions for them, unless they've put it in writing.
This applies to every college family, neurodivergent or not. Most parents find out at the worst possible moment: on the phone with an ER, a few hundred miles away.
What each document does
Healthcare power of attorney. Names someone, called an agent, to make medical decisions if your adult child can't make them. States call it different things: healthcare proxy, healthcare power of attorney, or in Colorado, a Medical Durable Power of Attorney.
HIPAA authorization. Lets doctors, hospitals and the campus health center share health information with the people your child names. It doesn't give anyone decision-making power. It opens the door to information.
Two companions worth signing at the same time:
- FERPA release. Once a student is 18 or enrolled in college, their school records belong to them. A FERPA release lets the college share grades and records with you.
- Durable financial power of attorney. Lets someone handle bills, banking and paperwork if your child can't.
What happens if you don't have them
You call the hospital and they can't confirm your child is there. The doctor can't tell you what's happening. If your child is too sick or hurt to speak for themselves, there's no one with clear authority to decide, and getting that authority can take a court.
None of that is the hospital being difficult. It's privacy law doing its job. These documents are how your child chooses to make an exception.
How to get them for free or close to it
You don't need a lawyer for most families.
- Your state's free form. Many states publish a free statutory healthcare power of attorney form, often on the state health department or attorney general's site. Colorado's is the Medical Durable Power of Attorney.
- Signing rules vary by state. Some states require witnesses or a notary. Colorado doesn't require either, but having a witness or notary can make hospitals more comfortable accepting it. Follow the instructions on your state's form.
- The campus health center. Many have their own release forms. Ask at orientation.
- Legal aid and your state's Arc chapter. Free help if you have questions.
- A special needs planning attorney if guardianship is on the table.
The conversation with your kid
This is their decision. They're an adult, and the whole point is that they choose.
- They pick who to name. It might be you. It might be someone else they trust.
- They can change or cancel it any time.
- Frame it as a backup, not a leash. It only matters if something goes wrong.
- Do it with them, not for them. Sit down together, read the form, let them fill it in.
On your own? If you're a student without a parent in the picture, these documents still matter. You can name any trusted adult: a mentor, a friend's parent, a coach, an older sibling.
If your child may not be able to sign
Signing these documents requires the capacity to understand them. If your child may not be able to sign, the path is different. Look at supported decision-making first, which keeps their rights and names the people who help them decide. Guardianship is the more restrictive option. Start this before 18, and talk to a special needs planning attorney.
Checklist before move-in
- Healthcare power of attorney, signed
- HIPAA authorization, signed
- FERPA release, filed with the college
- Durable financial power of attorney, signed
- Copies saved on both phones, and on file with the campus health center
- Registered with campus disability services, if they'll use accommodations
- Insurance card, a photo of it, and the plan's member services number
How NixIt fits
In NixIt, your adult child holds their own record and decides who in their Circle sees what. Same idea as these documents: their call, their people.