By Heidi McGee, Esq.
Under Connecticut law, parents of a graduating high school senior who has turned eighteen, or will soon turn eighteen, and who is heading off to college or other otherwise on the threshold of adulthood and pursuing post-graduation opportunities (hereinafter referred to as the “student” for simplicity’s sake) should consider having the student execute (1) a durable power of attorney and (2) a health care proxy –called an appointment of a “health care representative” — under Connecticut statutes.
Connecticut law defines a “minor” as “a person under the age of eighteen.” Conn. Gen. Stat. § 45a-604. Connecticut materials further explain that parents are guardians of the person of a minor, but when the child reaches age 18, that guardianship ends. As a practical legal consequence, once their child turns eighteen, a parent generally cannot rely on their former status as guardian of a minor to obtain information or make decisions for this young adult; instead, third parties, including health care providers and educational institutions, may look to the student’s consent or to formal legal authority.
Connecticut law provides mechanisms-through a durable power of attorney and appointment of a health care representative-to allow a trusted agent/representative –often a parent — to act when the young adult cannot act or chooses to authorize assistance.
A durable power of attorney helps ensure continuity of decision-making and access if the student becomes incapacitated. A key reason to use a durable power of attorney is to preserve the agent’s authority even if the principal (the student) becomes incapacitated. This durability concept matters for a college-bound student because incapacity can arise unexpectedly; without durability, incapacity can terminate the authority.
Accordingly, a properly drafted Connecticut power of attorney can be used to authorize a parent (as agent) to assist with financial and administrative matters when the student is unavailable, unable, or incapacitated, and to reduce the risk that institutions will refuse to deal with the parent due to lack of authority. While the specific scope depends on the document’s terms, Connecticut’s durability rule is central to the planning objective: maintaining authority through incapacity unless the document states otherwise.
A health care proxy (appointment of health care representative) addresses medical decision-making when the student is not capable. This directly addresses the scenario in which an eighteen-year-old student cannot make or communicate medical decisions, and existing medical privacy rules make “authorized representative” status practically important for parents.
Connecticut’s physician-patient confidentiality statute provides that a licensed health care provider generally may not disclose patient communications or information unless “the patient or that patient’s authorized representative explicitly consents to such disclosure.” Conn. Gen. Stat. § 52-146o. For an eighteen-year-old student, this means a parent may be unable to obtain information from providers absent the student’s consent or a recognized authorization pathway.
Relatedly, Connecticut law provides that, upon written request of the patient, the patient’s attorney, or “authorized representative,” a provider must furnish copies of health records (subject to stated limitations). Conn. Gen. Stat. § 20-7c. Connecticut law also provides access to hospital records to the patient or the patient’s “authorized attorney.” Conn. Gen. Stat. § 4-104. These provisions reinforce that, for an adult student, parents should not assume they can access medical information; rather, they should consider ensuring that an appropriate authorization structure exists-particularly where the student may be unable to provide consent at the time information is needed.
One last consideration: Educational privacy rules as set forth in the Federal Educational Rights and Privacy Act (FERPA), can limit parental access to college records without written consent. Connecticut authority recognizes that FERPA governs confidentiality of educational records and generally requires written consent before disclosure of confidential student information, with regulations requiring the consent to specify the records, purpose, and recipient. For a student who is eighteen and attending college, this framework highlights that parents may not automatically receive academic or disciplinary information from the institution without the student’s written consent meeting FERPA’s requirements.
FERPA permissions must be granted by the student through a framework established and overseen by their academic institution.
While a durable power of attorney and health care representative appointment are not, by themselves, described in the cited authority as FERPA consents, the existence of these planning documents underscores the broader point: once the student is an adult, institutions often require formal authorization before communicating with parents. FERPA’s consent requirements illustrate this dynamic in the educational context.
Shelton: