What Happens If Your College Student Is Hospitalized Without a Power of Attorney?
Sending a child to college comes with a lot of trust. You trust that they will be safe, that help is available if something goes wrong, and that you will be contacted if there is a real emergency.
What many parents don’t realize is that once a child turns 18, the legal rules change. If your college student is hospitalized without a medical power of attorney, doctors will treat them, but parents may be limited or excluded from medical information and decision-making.
This often comes as a shock to families, especially when a child is away from home.
Will My College Student Receive Medical Care?
Yes. Emergency medical care is always provided.
Hospitals will stabilize and treat your student whether or not any legal documents exist. A medical power of attorney does not affect a person’s access to emergency treatment.
The challenges usually arise after the immediate emergency, when doctors need to share information, discuss treatment options, or make decisions if your student cannot speak for themselves.
What Parents May Not Be Able to Do
If your college student has not signed a medical power of attorney or other authorization, parents may not be able to:
- Receive updates from doctors
- Access medical records or test results
- Participate in treatment discussions
- Make medical decisions if their student is unconscious or incapacitated
For parents, this can feel unsettling. You are their parent, but legally you may not be recognized as someone the hospital is authorized to speak with.
Why Being a Parent is Not Enough Once Your Child is in College
Many parents assume they are automatically considered the decision-maker if their child is hospitalized.
In reality, when no power of attorney exists, hospitals rely on state surrogate decision-maker laws. These laws:
- Vary from state to state regarding who makes decisions
- Often limit the type of decisions that can be made
- Sometimes require agreement among multiple people
This can be especially complicated when a student attends school in a different state. The hospital follows the law of the state where care is provided, not the state where you live.
Why Default Rules Create Risk for College Families
Surrogate decision-maker laws are meant to fill gaps when no legal documents exist.
Relying on these default rules can lead to delays, confusion, or stress during an already frightening situation. Parents may be left waiting for information or unsure whether they can help make decisions their child would want.
A medical power of attorney removes this uncertainty. It gives clear permission for doctors to share information and for parents to step in if their student cannot.
The Bottom Line for College Parents
Your college student will always receive medical care.
Without a medical power of attorney, however, parents may be limited in the information they receive and the role they can play. State laws often differ significantly from what families expect.
A medical power of attorney removes uncertainty and ensures parents can be informed and involved when a college student cannot speak for themselves.
Planning ahead can spare your family unnecessary stress during a medical emergency. Mama Bear Legal Forms makes it easy and affordable for college students and parents to create essential documents like a medical power of attorney, without costly or complicated legal visits. To protect your ability to stay informed and involved if your student needs care, learn more about our Young Adult Power of Attorney package and get started today.
