12/18/2025
Essential Legal Protection for Your UMD Student: Healthcare Planning for Adulthood
As your child prepares for life at the University of Maryland College Park, you’ve likely thought about dorm essentials, meal plans, and textbooks. However, one of the most critical preparations is often overlooked: ensuring you can act for them in a medical or financial emergency. The moment they turn 18, the law views them as an adult, and your automatic rights to make decisions on their behalf cease.
This article outlines the simple but vital legal documents your student needs. Having them in place provides immense peace of mind, ensuring you can be their advocate if the unexpected happens.
The Legal Shift at Age 18
When your student turns 18, two key federal laws significantly change your access to their information:
· HIPAA (Health Insurance Portability and Accountability Act): Protects the privacy of their medical records. Healthcare providers cannot disclose information to you without your child's authorization.
· FERPA (Family Educational Rights and Privacy Act): Protects the privacy of their educational records, which can include information from a campus health center.
Without the proper documents, if your student is incapacitated by an illness or accident, you could be legally locked out from receiving medical updates, speaking with their doctors, or making necessary decisions—even about billing or finances.
The Essential Document Package for Your Terp
To navigate this new legal landscape, your student should have three core documents. These tools don't take away their independence; they simply ensure someone they trust can step in during a true crisis.
1. Maryland Advance Directive (Combines Healthcare Power of Attorney & Living Will)
This is the most important health care document. In Maryland, an Advance Directive serves a dual purpose:
· Names a Healthcare Agent: This portion is a Healthcare Power of Attorney (Proxy). Your student designates you or another trusted person to make medical decisions if they cannot.
· Records Treatment Wishes: This portion is a Living Will. It allows your student to state their preferences for end-of-life care, such as the use of life-support measures.
2. HIPAA Authorization Form
While a Healthcare Power of Attorney typically includes HIPAA permissions, a standalone HIPAA Release Form is also advisable. It explicitly authorizes specific healthcare providers (like the UMD Health Center or a local hospital) to discuss your student's medical condition and treatment with you. This can be crucial for getting information in non-emergency situations or before a formal determination of incapacity is made.
3. Durable Financial Power of Attorney (POA)
A medical crisis can create practical financial hurdles. A Durable Financial POA authorizes you to manage your student's financial affairs if they are unable to. This can include tasks like:
· Paying tuition or campus housing bills
· Accessing bank accounts to pay for medical expenses
· Managing financial aid communications
· Handling other contractual obligations
Important Note: "Durable" means the document remains in effect if your student becomes incapacitated, which is essential for this purpose.
Creating and Registering Documents in Maryland
· Use State-Specific Forms: Ensure all documents comply with Maryland law. The Maryland Department of Health provides the Advance Directive, and other forms should be tailored for Maryland.
· Execute Properly: Some documents may require witness signatures or notarization. Follow the instructions on the form carefully to ensure they are legally valid.
· Register with CRISP: Maryland has a statewide Health Information Exchange called CRISP. You can upload an electronic copy of the Advance Directive so that it is accessible to doctors and hospitals across Maryland in an emergency. This is a highly recommended step.
· Store and Share Copies:
· Keep original signed documents in a safe, accessible place at home.
· Give copies to your student, the named agents, and your student's primary care physician.
· Your student should save a digital copy on their phone and provide one to the UMD Health Center for their records.
Practical First Steps for UMD Families
1. Have the Conversation: Frame this as a responsible step into adulthood and a practical safety net, not an intrusion. Assure your student that these documents only take effect if they are incapacitated.
2. Create the Documents: Consult with an attorney, like those at our office, for the Financial Power of Attorney and to ensure all documents are comprehensive and properly executed.
3. Submit to UMD: Have your student inquire with the University Health Center about their process for submitting an Advance Directive or HIPAA release to be included in their patient file.
4. Review Annually: Revisit these documents each summer when your student returns home. Preferences can change, and contacts may need updating.
Final Recommendation: Act Now for Peace of Mind
Preparing these documents is a simple, low-cost process compared to the emotional and legal complexity of navigating an emergency without them. Without an Advance Directive, hospitals may have to rely on "default surrogate" laws or even seek court-appointed guardianship to make critical decisions—a stressful and time-consuming process when every moment counts.
As someone familiar with the UMD campus, I can attest that while the university has excellent resources, they are bound by these federal privacy laws. Proactive planning ensures that your family's care and concern can seamlessly take over should your student ever need you most.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance tailored to your specific situation, please consult with an attorney.
Adriane C. Jemmott
Law Office of Adriane C. Jemmott
5305 Village Center Drive, Suite 258
Columbia, MD 21044
(443) 745-0995 (Cell)
(410) 740-2335 (Fax)
[email protected]
