Page 30 - Southern Exposure - March '24
P. 30

Page 30, Southern Exposure



                                                          elder estate PlannIng




                   Planning Needed For Your College Bound Child


                               What You Need To Know Before Your Child Leaves For College


                                                             Submitted by Anné Desormier-Cartwright, Esq..
        Before your child leaves                        child’s academic career. There are both state and federal     The content of this article is general and should not be
      for college, most of us                           laws that give rights to a parent if certain forms are signed.   relied upon without review of your specific circumstances by
      create a  “to-do list”  of                        This is authorized under the protect the Family Educational   competent legal counsel. Reliance on the information herein
      things we must do to prepare                      Rights and Privacy Act (FERPA). In order to have access,   is at your own risk, as it expresses no opinion by the firm
      the offspring for college                         the appropriate forms under the FERPA process need to   on your specific circumstances or legal needs. An attorney
      life.  Things like sheets,                        be signed. Call 1-800-USA-LEARN (1-800-872-5327) for   client relationship is not created through the information
      pillows, shower curtain,                          more information.                                  provided herein.
      towels, small refrigerator,                         If you want help with preparing the necessary documents     To comply with the U.S. Treasury regulations, we must
      etc. Something you may not                        for making health care decisions and access to financial   inform you that (i) any U.S. federal tax advice contained
      realize is your child is now                      matters, please contact us.                        in this newsletter was not intended or written to be used,
      an adult and you no longer                          If you have questions about this or your estate plan and   and cannot be used, by any person for the purpose of
      have access to medical                            what documents are necessary, schedule a free consultation   avoiding U.S. federal tax penalties that may be imposed
      information unless you are named in documents by your   today by calling our office at (561) 694-7827, Anné Desormier-  on such person and (ii) each taxpayer should seek advice
      child. What if your child is involved in an accident or   Cartwright, Esq., Elder and Estate Planning Attorneys PA, 480   from their tax advisor based on the taxpayer’s particular
      is away on a trip and becomes very ill? Who has access   Maplewood Drive, Suite 3, Jupiter, FL 33458.  circumstances.
      to  your  adult child’s  medical  records? Who  can  make
      decisions for them?
        1. Have a designation of health care surrogate for your
      child. Children may be not want their parents to know what
      their medical situation is but in an emergency, most would.
      Consider talking to your children about designating you as
      their health care decision maker. In Florida, you can create a
      document that allows you to make decisions if your child is
      not able to make a decision. Although there are statutes that
      govern the order of who can make the decisions, it will take
      time to track down who the parents are and, more importantly,
      each have the right to decide. If the parents are divorced, it
      may be best to give one that priority in the document so there
      is not conflict should emergency decisions need to be made.
      It is best to discuss these matters with your child.                                                             747-PALM
        2. Access to medical information. Unless your name is
      on the medical release form giving you the right to medical                                                           747-7256
      information, you will have no access to that information.
      You should have a discussion with your college bound child
      about allowing you to be named on a HIPAA release form
      which gives written consent for doctors to discuss the child’s
      medical situation with you at any time. This form can be
      faxed or emailed to a provider when there is an emergency.
        3. Financial powers. Children may not want their parents
      to have access to financial records like bank accounts.
      However, there are options like a limited financial power
      of attorney. Unlike health care surrogate designations,
      durable power of attorneys, even if limited, are effective
      immediately upon signing per Florida law.
        4. Access to college information. Children may not
      want their parents to have access to grades, discipline
      actions and the like. If you are paying for college, you still
      do not have the automatic right to information about your

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