Are you aware that you can no longer have access to your child's Education and Medical Records once they turn 18?

The U.S. Department of Educaiton is committed to protecting the privacy of student education records. Any school that receives U.S. deprtment of Education Funds is subject to these privacy rules under the Family Education Rights and Privacy Act, FERPA.

So, what does this mean to a parent?

It means that once your child has reached the age of 18 years, the rights protected by the U.S. Government are transferred from the parent to the child. Colleges are not authorized to share with parents:

  • report cards
  • schedules
  • disciplinary action and
  • other school records

Many schools have a waiver that students can sign that will give their parents access to grades. If they don't, before your student heads off to school, you should consider having them execute a Power of Attorney, appointing you as their agent.

Similarly, the day your child turns 18, the right to their medical records are transferred from parent to child. The Health Insurance Portability & Accountability Act of 1996, or HIPAA, protects your child's medical records and other health information. It prohibits the release of medical records to anyone other than the adult patient unless they have given written permission.

Problems may arise if there is a medical emergency, and you need to speak to a health care provider and assist with medical decisions for your child. Being designated as your child's Health Care Representative will give you this authority.

The Pellegrino Law Firm Can Help!

Before your child moves away to college, make an appointment with our attorneys who can answer your questions and prepare legal documents so everything is in place if you need to assist your adult child.

Going off to college is a big transition for both children and parents. Be prepared by having your child execute the proper legal documents so that you are able to continue to assist them even after they've turned 18.