Estate Planning for New College Students

Erin Calpin, Esq.

As young adults pack their bags and head off to college, equipped with aspirations and textbooks, one crucial item often overlooked is estate planning. While it may seem premature for students just stepping into adulthood, establishing key legal documents before they venture further into independence is incredibly important. Estate planning goes beyond mere preparation for the unthinkable; it is a fundamental aspect of taking responsibility for one's financial and medical affairs. This blog will explore why every college student should consider estate planning an essential part of their college checklist, ensuring that their wishes are respected and their loved ones are protected in any circumstance.

Why Is Estate Planning Important for New College Students?

Estate planning might seem irrelevant for new college students, who are typically young and just beginning their adult lives. However, it's a crucial step that shouldn't be overlooked, even at this stage. As students enter college, they gain new responsibilities and face decisions that can have long-term impacts. Estate planning helps manage these responsibilities effectively, providing peace of mind for both students and their families.

Firstly, estate planning for college students includes creating essential legal documents like a durable power of attorney and a healthcare proxy. These documents are vital in case a student becomes incapacitated and is unable to make decisions for themselves due to illness or injury. A durable power of attorney allows a designated person to manage financial affairs, while a healthcare proxy assigns someone to make medical decisions on the student's behalf. This ensures that, in critical situations, decisions can be made swiftly and according to the student’s wishes.

Secondly, estate planning encourages students to consider their digital footprint. In today’s digital age, many students own digital assets such as social media accounts, digital wallets, or online business ventures. These assets require management and protection, which can be addressed in an estate plan. Designating how these assets are handled, whether maintained, deleted, or transferred, is an essential consideration that modern estate planning addresses.

Lastly, although most college students may not possess substantial physical assets, they often have some personal property and may acquire more as they progress through school. Estate planning can help manage the distribution of these assets, however modest, in the event of an untimely death. It ensures that personal belongings, from laptops and textbooks to sentimental items, are distributed according to the student’s wishes.

In essence, estate planning for college students is not about wealth—it’s about making thoughtful decisions for unforeseen circumstances. It teaches responsibility and foresight—qualities that are valuable throughout life. Engaging in this process can provide both practical benefits and emotional relief, knowing that, should anything happen, their affairs are in order.

What Estate Planning Documents Do College Kids Need?

College students, while typically younger and with fewer assets, still benefit greatly from having certain estate planning documents in place. These documents help ensure that their personal, health, and financial matters are handled according to their wishes in case of incapacity or unexpected events. Here are the key documents that college students should consider:

Durable Power of Attorney: This document allows a student to appoint someone they trust (often a parent or family member) to manage their financial affairs if they become incapacitated. This could include paying bills, managing bank accounts, and handling other financial responsibilities. A durable power of attorney is crucial because it becomes effective during incapacitation and remains in effect until the student can take back control.

Health Care Proxy (or Medical Power of Attorney): This allows a student to designate a specific person to make medical decisions on their behalf if they are unable to do so themselves. This is especially important in emergency situations where immediate decisions may be necessary.

HIPAA Release Form: The Health Insurance Portability and Accountability Act (HIPAA) protects a person's privacy by restricting who can access their medical information. A HIPAA release form allows the student to specify who can receive medical information about them. This can be vital in emergencies, ensuring that the person making health decisions has access to all necessary medical information.

Living Will: While often more relevant for older adults, a living will can also be pertinent for students. It specifies a person's wishes regarding medical treatment, particularly life-sustaining treatment, in the event they become terminally ill or permanently unconscious.

Last Will and Testament: Though many college students may not think they need a will, it can be important if they have any assets, digital or physical, or personal preferences for the disposition of their possessions. A will can also appoint an executor to manage these matters after death.

These documents collectively ensure that a student’s health, financial affairs, and personal wishes are respected and managed effectively, providing peace of mind for both the students and their families. Setting these up can be a proactive step as young adults embark on their college journey.

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Borenstein, McConnell & Calpin, P.C. is a Wills & Estate Planning law firm serving Central and Northern New Jersey, as well as New York City. We strive not only to give you a great client experience, but to become your trusted adviser for life. To reach Alec, please send an email to alec@bmcestateplanning.com.

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