KIDS GOING TO COLLEGE?
Navigating Legal Issues for College-Bound Kids in Illinois
As high school seniors prepare for the exciting transition to college, it's crucial to be aware of the legal issues that can affect young adults. From understanding privacy laws to managing healthcare decisions, students and their families in Illinois should consider the following key legal considerations as they embark on their college journey.
1. Privacy and Education Records (FERPA)
The Family Educational Rights and Privacy Act (FERPA) protects the privacy of student education records. Once a student turns 18 or attends a school beyond the high school level, rights under FERPA transfer from the parents to the student. This means that parents can no longer access their child’s educational records without consent. Students should be aware of their rights under FERPA and understand how to provide consent if they wish their parents to have access to their academic records.
2. Rental Agreements and Tenant Rights
Many college students will rent an apartment or house for the first time. Understanding tenant rights and responsibilities is crucial to avoid legal issues with landlords. Illinois law provides protections for tenants, but it also requires them to adhere to the terms of their lease agreements. Students should be fully aware of their lease terms, security deposit stipulations, and their rights regarding property maintenance and repair.
3. Age of Majority and Consumer Contracts
In Illinois, the age of majority is 18, which means college students are legally able to enter into contracts. This includes signing up for credit cards, student loans, and other financial services. It is important for students to understand the obligations and consequences associated with these contracts to avoid financial pitfalls.
4. Digital Privacy and Cybersecurity
College students are often heavy users of digital technology, which exposes them to risks such as identity theft, cyber scams, and privacy breaches. Understanding the importance of cybersecurity measures, such as using strong passwords, securing personal information, and being wary of phishing attempts, is more important than ever.
5. Alcohol and Substance Policies
Understanding state and campus regulations regarding alcohol and controlled substances is vital. Illinois has strict laws about the use and possession of alcohol and illegal drugs, and violations can lead to serious legal consequences, impacting a student’s educational and future career opportunities.
Transitioning to College
The transition to college is a major step in a young adult's life that involves new responsibilities and freedoms. Being informed about these key legal aspects can help students and their families prepare for a smoother, more secure college experience.
Why Every 18 Year Old in Illinois Needs a Healthcare Power of Attorney
As young adults celebrate their 18th birthday in Illinois, they cross the significant threshold into legal adulthood. This milestone brings with it the autonomy to make their own decisions, including those related to healthcare. However, what happens if an 18-year-old becomes unable to make these decisions due to an unforeseen injury or illness? This is where a Healthcare Power of Attorney (POA) becomes indispensable.
Legal Autonomy and Its Implications
Upon turning 18, individuals gain the right to govern all aspects of their personal, financial, and medical affairs. Parents or guardians no longer have the automatic authority to make decisions for their now-adult children. This shift means that in the event of a medical emergency, healthcare professionals may be legally barred from discussing an 18-year-old’s medical condition with their parents or making crucial decisions without the patient's explicit consent.
The Role of a Healthcare Power of Attorney
Healthcare POA is a legal document that allows an 18-year-old to appoint someone they trust—often a parent, sibling, or close friend—as their agent to make medical decisions on their behalf if they are unable to do so. This arrangement ensures that decision-making remains with someone who understands the individual’s values and wishes. Avoiding Court Interventions Without a Healthcare POA, if an 18-year-old becomes incapacitated and unable to make healthcare decisions, their loved ones may have to undergo a lengthy and potentially distressing court process to be appointed as legal guardians. This process not only involves time and financial costs but also adds emotional stress during an already challenging time.
Peace of Mind Having a Healthcare POA
Having a Healthcare POA in place offers peace of mind to both the individual and their family. It ensures that, regardless of what happens, there is a clear, legally authorized path for making critical healthcare decisions. This legal tool is simple to set up and can save a great deal of difficulty and heartache in times of crisis. For young adults in Illinois, obtaining a Healthcare POA is a prudent step towards ensuring their wishes are respected and that a trusted individual can advocate for their healthcare needs should they ever be unable to speak for themselves. It's a fundamental component of responsible adulthood and planning for the future.
WAGNER & WAGNER is here to prepare a Healthcare POA and other estate planning documents for you & your family. If you have any questions or would like to schedule a consultation, please feel free to contact us at (847) 639-1800.