Graduating Seniors! What documents do we need?

My Child Is Graduating High School—What Legal Documents Do They Need?

by Kristen Ishihara and Chris Parker with Ishihara & Parker Law Firm PLLC

As graduation season rolls in, excitement fills the air. Congratulations to all the graduating seniors and their proud families! As your children prepare to take that next big step—whether it’s heading off to college, entering the workforce, or just starting their adult lives—there’s an important conversation that often gets overlooked.

If your child is over 18, they are now legally an adult. That milestone changes things significantly—especially for you, as their parent. While your support may continue emotionally and financially, your legal authority does not.

“They’re 18—Now What?”

Even though they might still be on your insurance or living under your roof, once they turn 18, your ability to access their medical or financial information—let alone make decisions for them—can be severely limited.

So, before they pack up the car and head off to college or a new apartment, here’s what they’ll need (and you’ll want them to have):

1. Financial Power of Attorney

At 18, your child is responsible for their own financial decisions. This includes the power to open bank accounts, sign contracts, and even buy a car. A financial power of attorney allows them to designate someone—most likely you—to manage financial matters on their behalf if needed.

This doesn’t take away their independence; it just ensures someone can step in when necessary. For example, if they’re in an accident or unable to handle things themselves temporarily, having you or your spouse named as a financial agent could make a big difference.

You can even be listed as co-agents so either parent can act when needed. It’s also practical: many parents like to monitor account activity just to help guide their kids in the right direction—especially if they’re still footing the bill.

Pro Tip: Being listed as a joint owner on their bank account—not just an online user—can allow you to access funds or manage payments in emergencies.

2. Medical Power of Attorney

If something happens to your child—like a serious illness or accident—you’ll want to be able to step in immediately. But without a medical power of attorney, hospitals and doctors might not be able to share information or let you make decisions.

Texas law does have defaults in place for medical decision-making, but they might not reflect your family’s specific situation. For example, if you’re a single parent and your child has no relationship with the other biological parent, the law may still treat both parents equally unless your child has stated otherwise in writing.

Having a medical power of attorney in place ensures that the right person can make decisions quickly and confidently if a crisis arises.

3. HIPAA Authorization

A HIPAA release is a separate document that allows healthcare providers to release medical information to you. Just because you're the parent doesn’t mean doctors can automatically talk to you about your adult child’s care.

This is especially important if your child is receiving treatment and you want to be kept in the loop.

4. FERPA Authorization (Educational Rights)

Paying for college doesn’t automatically entitle you to know how your child is doing in school. Due to federal privacy laws under FERPA (Family Educational Rights and Privacy Act), only the student has access to their academic records.

That means if your child drops classes, fails courses, or changes enrollment status, the school won’t tell you—unless they have a signed FERPA authorization on file.

Many parents discover this the hard way when their student insists everything’s fine… and then it’s not.

With a FERPA release, you can ask about enrollment, grades, and more. If you're paying for college, this document is critical.

5. A Will? Maybe.

While most 18-year-olds don’t have much in terms of assets, a simple will could still be helpful—especially if they have specific preferences for their belongings, or if they’ve started earning or saving significantly.

That said, this usually ranks lower on the list for most families, but it’s worth discussing.

Don’t Forget: Keep the Originals

Once the documents are signed, don’t send the originals off to school with your child. Keep them in a safe place where you can access them when needed. Your child can have copies, but you’re the one who may need to use them.

In Summary

Graduation is an exciting time, but it's also a great moment to help set your child up for success as an adult—with the right legal tools in place.

So before they move out, make sure they have:

  • ✅ Financial Power of Attorney
  • ✅ Medical Power of Attorney
  • ✅ HIPAA Authorization
  • ✅ FERPA Authorization
  • (Optional) ✅ Simple Will

Helping your child prepare these documents now can provide peace of mind for everyone involved. Congratulations again to all the graduating seniors!

We’ll see you next time—take care!