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Power of Attorney and Your Education: What University Students Need to Know

 March 30, 2024 |  kaylascoggin |  General |  

There are many instances when a power of attorney may benefit a student. Find out all about them and how to create a POA in this guide now.

Photo by Andrea Piacquadio

A power of attorney is a legal document that grants one individual (the agent) the authority to make a decision on behalf of another (the principal). Most commonly, power of attorney is used when the principal isn’t available or mentally able to make decisions for themselves, though there are many kinds of power of attorney.

In this guide, we’ll take a look at why and when a student might need a power of attorney and how to fill out a general power of attorney form when the time comes. Take a look below to learn more now.

Understanding Power of Attorney

Power of attorney (POA) is a legal document. It gives an agent permission to make decisions regarding matters, including healthcare, finances, real estate transactions, and legal disputes, on behalf of another, known as the principal.

There are many forms of POA that can be used in various situations. For instance, a durable POA may be put in place when the principals can no longer make decisions for themselves due to incapacity.

For students, POA may be a foreign concept; however, there are instances when a POA might be needed. 

When a Student Might Need a Power of Attorney

Situations when a student might need a POA include:

  • Study abroad: When studying in another country, a student may require an agent to handle any financial matters and legal issues while they are out of the country.
  • Medical emergencies: In the event of an accident that leaves a student incapacitated, having a medical POA in place means that the student’s wishes can be carried out, even when they can’t make the decisions for themselves.
  • Finances: In some cases, a student may not be able to manage their finances themselves. Having a POA means that the student will still have access to bank accounts, be able to pay bills, and access financial aid even if they are incapacitated.
  • Accessibility: Students with learning disabilities might benefit from a POA when handling complex affairs. It can give them peace of mind.

Considerations When Drafting a Power of Attorney as a Student

As a student, you likely have very little experience with legal documentation, so there are some considerations to make when creating a POA. Whatever kind of POA you are in need of, the following is good general advice to keep in mind.

  • Choose the right agent: This individual will have the right to make decisions on your behalf, even if you’re not present. This means you have to be able to trust them completely. 
  • Specify the powers and limitations clearly: Whatever kind of POA you have, you need to set out what the agent can and can’t do. Make it clear, make it precise, and ensure they know your wishes so that if anything arises that isn’t set out explicitly, but they still have jurisdiction over, you know they will make a decision based on what you want.
  • Set out contingencies: It is always a good idea to anticipate scenarios, like medical emergencies or travel complications, where the agent may need instructions on how to handle the situation.
  • Revocation: Set out the conditions for revocation and termination of the POA from the outset so that you don’t run into issues when revoking the POA.
  • Technical aspects: Many states have differing laws and regulations on POAs, who needs to sign them, how many witnesses are needed, and whether they need to be notarized. For this reason, it is important you look into the regulations for your state and ensure you comply with them.
  • Review and update: Regular reviews of your POA are imperative so that if things have changed, the document still reflects your current situation.
  • Communicate with parents: It is important that you still keep communication clear with your parents if they are not your designated agent. You can ask for input and support regarding your decisions, and they can be there for you when necessary.

How to Write a Power of Attorney as a Student

Writing a POA is pretty simple. In fact, there are many free downloadable templates online that you can use as guidance or fill in quickly. Remember that notarization, while not always a requirement, offers legal protection that will benefit you no end, so it is vital you have your POA notarized.

Information that must appear in a POA includes:

  • Personal information for both parties
  • Contact information
  • Type of POA
  • Scope of Authority
  • The duration
  • Limitations and restrictions of the agent’s power
  • Signatures of the principal, witnesses, and notary
  • The agent’s acceptance
  • Notarization and legalization

Final Thoughts

As a student, you may not have considered times when a POA might be beneficial. There are many ways that having a POA in place could benefit you. If you’re considering using a POA, take a further look at the considerations to make when creating the legal document to ensure that you’ve thought the whole thing out.

Remember to be clear in the document and keep in contact with your parents or guardians for their support and input, if possible.