July 25, 2023
Two Documents That Every College Student Should Have (Episode #283)
You are sending your student away to college, but does she have theses 2 documents that every college student should have?
You are sending your student away to college, but does she have theses 2 documents that every college student should have?
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Well, good afternoon, Michiganders.
It is already Tuesday, July twenty five,
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00:00:36.759 --> 00:00:40.960
twenty twenty three, and of course
this is Tuesday with Tom, Michigan's
3
00:00:41.000 --> 00:00:46.079
only weekly podcast where we do answer
your questions about a state planning and a
4
00:00:46.159 --> 00:00:50.079
state settlement in Michigan. As always, I'm your host, Tom Doyle,
5
00:00:50.359 --> 00:00:55.759
estate planning attorney, lifelong Michigan resident, and ambassador for all things good in
6
00:00:55.920 --> 00:01:02.280
this great state of Michigan. Welcome, welcome, welcome to today's program.
7
00:01:02.320 --> 00:01:07.280
As I said already July twenty five, I've taken a little early summer break
8
00:01:07.319 --> 00:01:14.480
from the program, but we're back
as July is winding down, we're quickly
9
00:01:14.519 --> 00:01:19.319
approaching August. The last episode,
though, if you go back in June,
10
00:01:21.120 --> 00:01:25.040
I talked about the six reasons to
have a trust and not a will.
11
00:01:25.159 --> 00:01:29.519
So if you're putting your estate plan
together, trying to figure out whether
12
00:01:29.599 --> 00:01:32.719
or not you should have a trust
or just have a will, I invite
13
00:01:32.760 --> 00:01:40.319
you to listen to the last episode. Well, coming up quickly for many
14
00:01:40.359 --> 00:01:44.439
of you, you're going to be
sending your children or perhaps grandchildren are going
15
00:01:44.480 --> 00:01:48.480
to be going off to college.
So today we're going to talk about two
16
00:01:48.599 --> 00:01:55.000
documents that every college student should have. But please remember that what I'm about
17
00:01:55.040 --> 00:02:00.959
to discuss during the program is,
as always for educational purposes own It is
18
00:02:00.040 --> 00:02:06.319
not intended to be legal advice.
You need to work with your attorney to
19
00:02:06.319 --> 00:02:10.960
determine what is appropriate for you and
your state plan. But we're going to
20
00:02:12.039 --> 00:02:19.000
go right to it. This is
actually a recording of a previous episode where
21
00:02:19.000 --> 00:02:23.439
I talked about the very same topic, and so I am going to insert,
22
00:02:23.560 --> 00:02:30.520
if you will, into the program
today that previous recording when I talked
23
00:02:30.560 --> 00:02:46.120
about two documents that every college student
should have. But let's just get right
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00:02:46.159 --> 00:02:51.680
into today's topic. Don't send your
child off to college without these two essential
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00:02:52.479 --> 00:02:55.319
documents. Your child goes off to
college, perhaps you bought them the new
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00:02:55.400 --> 00:03:00.360
computer. Maybe some of you have
bought the car. When they graduated high
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00:03:00.360 --> 00:03:04.960
school, They've got their clothes pack, they head off to school. One
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00:03:04.960 --> 00:03:07.879
of the things that you're probably going
to make sure is that they have current
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00:03:07.919 --> 00:03:14.159
health insurance card just in case.
Obviously you hope that there is nothing that
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that card is needed for, but
you're being the responsible parent and you're making
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sure that they have that card because
accidents do happen. Well what if?
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What if that accident does happen,
what's likely going to happen. You're going
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to receive a phone call telling you
that you're college student, maybe they've been
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00:03:34.520 --> 00:03:38.560
in a serious accident, and maybe
they're in a hospital, and what are
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you going to do. I assume
you're going to be in contact with a
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hospital, or if you can,
as soon as possible, you'll get to
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the hospital so that you can take
care of your injured child. Now,
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what if, though, what if
when you arrive at the hospital, you're
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00:03:54.479 --> 00:04:02.439
told that the hospital, because of
hippop cannot provide you with any information about
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00:04:02.439 --> 00:04:11.240
your child's medical condition. Or maybe
important decisions are needed to make about your
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00:04:11.360 --> 00:04:15.840
child's care. Maybe it's been a
very serious accident. Important decisions need to
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00:04:15.840 --> 00:04:19.360
be made about your child's medical care, but the hospital staff is looking at
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you and saying you can't make them. Why we're parents, there are children.
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Of course we can make decisions for
our children. Well, what we
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00:04:30.519 --> 00:04:38.040
sometimes forget is that parents do not
have any legal authority to make medical decisions
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00:04:38.040 --> 00:04:43.959
for child once they turn eighteen.
Once they're eighteen, they are adults.
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00:04:44.639 --> 00:04:50.199
We no longer have automatically under the
law of the legal authority to make medical
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decisions for them. So who does
who has a legal authority to make medical
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decisions for your adult child? Well, one a guardian. That would be
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a person who gets appointed by the
probate court. It's going to require having
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00:05:06.560 --> 00:05:11.160
to go to probate court, obviously, it's going to take time. Certainly
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someone's going to be hiring a lawyer
like Commander myself to do that for them.
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That means it's going to likely be
expensive and in the end it might
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not be the person that you would
want. But once a guardian is appointed,
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then that guardian would have the legal
authority to tell the hospital what to
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do relative to your child's medical care. What's the alternative, Well, the
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alternative is a patient advocate who's been
named in a power of attorney for health
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care. It's a legal document.
It takes effect immediately when the child cannot
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communicate with his or her doctor about
their medical care. And essentially that patient
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advocate is now going to stand in
the shoes of your child to make the
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decisions that your child could make.
So in order for you to avoid having
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to go their route of having a
guardian appointed, what you should be doing
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is when your child goes off to
college, make sure that one of the
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essential documents that they have in place
is that healthcare power of attorney naming you
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or somebody else as the patient advocate, so that they will have the legal
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authority to respond if that emergency should
arise. But while you're at it,
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you should also have or your child
should also have a durable power of attorney
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for finances. Why again, parents
don't have any legal authority to manage what
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00:06:51.639 --> 00:06:57.399
a child owns once they turn eighteen
just because their parents. Again, your
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00:06:57.560 --> 00:07:01.560
child is an adult at age eighteen, and you have no rights to manage
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00:07:01.759 --> 00:07:09.199
what they own. Well, who
does, similarly to who it is that
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00:07:09.240 --> 00:07:15.720
makes medical decisions, one what we
call a conservator. A conservator again is
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00:07:15.720 --> 00:07:19.040
somebody that's going to be appointed by
the probate court. You have to go
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to probate. You're likely going to
hire a lawyer, it's going to take
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time, you're going to spend money, and in the end it might not
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be the person that you would have
wanted or that your child would have wanted.
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But once a conservator is appointed,
then that conservator is the one who
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takes charge of your child's assets and
can manage those assets for them. Alternatively,
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your child, if they had a
legal document that's called a durable power
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of attorney. In that durable power
of attorney, they would appoint an agent
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or an attorney in fact. And
it is that agent or attorney in fact
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that then would have the legal authority
without going to probate court, would have
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the immediate legal authority to manage what
a child own. So obviously, if
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it's a serious accident, they might
still have bills that need to be paid.
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They still might have perhaps investments that
need to be manage, or car
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that needs to be handled or whatever
happens to be or or being in contact
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with a school about what's going on
with them at the school. All of
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those things are actions that still need
to be taken on behalf of your child.
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So again, the second document that
your client, I'm sorry that your
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child, not your client, that
your child should have when they go to
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college is going to be a power
of attorney. So my suggestion don't send
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your child off to college without a
power of attorney for healthcare, without a
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power of attorney for finances. And
it should go without saying, but if
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a man and I can be of
assistance to you, in putting together those
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documents for your child, even if
they're already away at college. I would
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suggest that you visit our website that's
at Doyle LAWPC dot com. There you're
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going to see information on how to
either schedule an appointment with us or your
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child with us to get those documents
prepared. In fact, we have our
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legal store that's available at the website
where those documents can in fact be ordered
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online from our office. Of course, A man and I would be happy
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to talk to you about how you
can have the power's appropriate healthcare power and
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durable power attorney prepared for your college
student, or if you need to have
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an estate plan put together, we'd
be honored to have the opportunity to help
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you protect your loved ones by putting
your plan together, perhaps amending a current
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plan that you already have, or
assisting you in settling in a state.
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We currently have both in person consultations
at our new East Lansing office as well
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as virtual consultation via zoom or telephone. Simply head on over to Doyle LAWPC
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00:10:50.919 --> 00:10:56.039
dot com where you will find more
information about how to schedule your consultation today.
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A reminder too, that we have
of our Legal Store, and that's
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the again Doyle aw PC. You're
going to find a link to the Legal
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00:11:07.519 --> 00:11:13.799
Store at our website and in that
legal store you can order individual documents.
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Maybe all you're looking for is how
do I get this Power of Attorney for
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healthcare prepared for my college student?
Head on over to the Legal Store and
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you will find information there on how
you can order that document online, as
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well as several other documents that are
also available. And that is going to
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be it for today's show. As
always, though, if you have a
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comment about the program, a topic
that you'd like to have me discuss,
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or questions that you would like to
have answered, please send me an email
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00:12:01.120 --> 00:12:05.879
Tom at Tuesday with Tom dot com. Also follow us on Facebook, invite
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00:12:05.879 --> 00:12:09.200
your friends and family to follow us
on Facebook as well. That would be
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00:12:09.279 --> 00:12:13.279
Tuesday with Com and of course the
office would be Doyle law PC. Remember
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00:12:13.320 --> 00:12:20.080
too, Tuesday with Tom is available
on Apple Podcasts, Spotify, Google podcast,
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00:12:20.200 --> 00:12:26.879
iHeartRadio, Spreaker everywhere that you likely
listen to your podcasts regularly, you
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00:12:26.919 --> 00:12:33.759
will find Tuesday with Tom and you
can always again ask your smart speaker to
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00:12:33.960 --> 00:12:39.960
play Tuesday with Tom. Thanks again
for spending some of your time with us
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00:12:39.000 --> 00:12:45.000
today, and as always, I
hope that you have an awesome day and
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00:12:45.159 --> 00:12:56.240
an awesome week in Michigan. Stay
safe. Tuesday with Tom has been brought
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00:12:56.279 --> 00:13:01.200
to you by the estate planning attorneys
at Doyle Law. To learn how we
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00:13:01.240 --> 00:13:05.000
can help you with your estate plan
or with settling a loved one's estate,
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00:13:05.600 --> 00:13:11.039
please call us today at five one
seven three two three seven three six six.
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00:13:11.480 --> 00:13:13.919
That's five one seven, three two
three seven three six six
1
00:00:30.039 --> 00:00:35.960
Well, good afternoon, Michiganders.
It is already Tuesday, July twenty five,
2
00:00:36.759 --> 00:00:40.960
twenty twenty three, and of course
this is Tuesday with Tom, Michigan's
3
00:00:41.000 --> 00:00:46.079
only weekly podcast where we do answer
your questions about a state planning and a
4
00:00:46.159 --> 00:00:50.079
state settlement in Michigan. As always, I'm your host, Tom Doyle,
5
00:00:50.359 --> 00:00:55.759
estate planning attorney, lifelong Michigan resident, and ambassador for all things good in
6
00:00:55.920 --> 00:01:02.280
this great state of Michigan. Welcome, welcome, welcome to today's program.
7
00:01:02.320 --> 00:01:07.280
As I said already July twenty five, I've taken a little early summer break
8
00:01:07.319 --> 00:01:14.480
from the program, but we're back
as July is winding down, we're quickly
9
00:01:14.519 --> 00:01:19.319
approaching August. The last episode,
though, if you go back in June,
10
00:01:21.120 --> 00:01:25.040
I talked about the six reasons to
have a trust and not a will.
11
00:01:25.159 --> 00:01:29.519
So if you're putting your estate plan
together, trying to figure out whether
12
00:01:29.599 --> 00:01:32.719
or not you should have a trust
or just have a will, I invite
13
00:01:32.760 --> 00:01:40.319
you to listen to the last episode. Well, coming up quickly for many
14
00:01:40.359 --> 00:01:44.439
of you, you're going to be
sending your children or perhaps grandchildren are going
15
00:01:44.480 --> 00:01:48.480
to be going off to college.
So today we're going to talk about two
16
00:01:48.599 --> 00:01:55.000
documents that every college student should have. But please remember that what I'm about
17
00:01:55.040 --> 00:02:00.959
to discuss during the program is,
as always for educational purposes own It is
18
00:02:00.040 --> 00:02:06.319
not intended to be legal advice.
You need to work with your attorney to
19
00:02:06.319 --> 00:02:10.960
determine what is appropriate for you and
your state plan. But we're going to
20
00:02:12.039 --> 00:02:19.000
go right to it. This is
actually a recording of a previous episode where
21
00:02:19.000 --> 00:02:23.439
I talked about the very same topic, and so I am going to insert,
22
00:02:23.560 --> 00:02:30.520
if you will, into the program
today that previous recording when I talked
23
00:02:30.560 --> 00:02:46.120
about two documents that every college student
should have. But let's just get right
24
00:02:46.159 --> 00:02:51.680
into today's topic. Don't send your
child off to college without these two essential
25
00:02:52.479 --> 00:02:55.319
documents. Your child goes off to
college, perhaps you bought them the new
26
00:02:55.400 --> 00:03:00.360
computer. Maybe some of you have
bought the car. When they graduated high
27
00:03:00.360 --> 00:03:04.960
school, They've got their clothes pack, they head off to school. One
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00:03:04.960 --> 00:03:07.879
of the things that you're probably going
to make sure is that they have current
29
00:03:07.919 --> 00:03:14.159
health insurance card just in case.
Obviously you hope that there is nothing that
30
00:03:14.159 --> 00:03:17.520
that card is needed for, but
you're being the responsible parent and you're making
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00:03:17.560 --> 00:03:23.080
sure that they have that card because
accidents do happen. Well what if?
32
00:03:23.960 --> 00:03:28.840
What if that accident does happen,
what's likely going to happen. You're going
33
00:03:28.879 --> 00:03:34.479
to receive a phone call telling you
that you're college student, maybe they've been
34
00:03:34.520 --> 00:03:38.560
in a serious accident, and maybe
they're in a hospital, and what are
35
00:03:38.599 --> 00:03:40.280
you going to do. I assume
you're going to be in contact with a
36
00:03:40.319 --> 00:03:45.599
hospital, or if you can,
as soon as possible, you'll get to
37
00:03:45.680 --> 00:03:51.000
the hospital so that you can take
care of your injured child. Now,
38
00:03:51.080 --> 00:03:54.360
what if, though, what if
when you arrive at the hospital, you're
39
00:03:54.479 --> 00:04:02.439
told that the hospital, because of
hippop cannot provide you with any information about
40
00:04:02.439 --> 00:04:11.240
your child's medical condition. Or maybe
important decisions are needed to make about your
41
00:04:11.360 --> 00:04:15.840
child's care. Maybe it's been a
very serious accident. Important decisions need to
42
00:04:15.840 --> 00:04:19.360
be made about your child's medical care, but the hospital staff is looking at
43
00:04:19.439 --> 00:04:27.519
you and saying you can't make them. Why we're parents, there are children.
44
00:04:27.879 --> 00:04:30.319
Of course we can make decisions for
our children. Well, what we
45
00:04:30.519 --> 00:04:38.040
sometimes forget is that parents do not
have any legal authority to make medical decisions
46
00:04:38.040 --> 00:04:43.959
for child once they turn eighteen.
Once they're eighteen, they are adults.
47
00:04:44.639 --> 00:04:50.199
We no longer have automatically under the
law of the legal authority to make medical
48
00:04:50.639 --> 00:04:56.519
decisions for them. So who does
who has a legal authority to make medical
49
00:04:56.560 --> 00:05:00.759
decisions for your adult child? Well, one a guardian. That would be
50
00:05:00.800 --> 00:05:06.519
a person who gets appointed by the
probate court. It's going to require having
51
00:05:06.560 --> 00:05:11.160
to go to probate court, obviously, it's going to take time. Certainly
52
00:05:11.240 --> 00:05:15.399
someone's going to be hiring a lawyer
like Commander myself to do that for them.
53
00:05:15.480 --> 00:05:19.800
That means it's going to likely be
expensive and in the end it might
54
00:05:19.839 --> 00:05:26.040
not be the person that you would
want. But once a guardian is appointed,
55
00:05:26.560 --> 00:05:30.040
then that guardian would have the legal
authority to tell the hospital what to
56
00:05:30.079 --> 00:05:35.279
do relative to your child's medical care. What's the alternative, Well, the
57
00:05:35.360 --> 00:05:43.920
alternative is a patient advocate who's been
named in a power of attorney for health
58
00:05:43.959 --> 00:05:50.079
care. It's a legal document.
It takes effect immediately when the child cannot
59
00:05:50.079 --> 00:05:56.000
communicate with his or her doctor about
their medical care. And essentially that patient
60
00:05:56.120 --> 00:06:00.879
advocate is now going to stand in
the shoes of your child to make the
61
00:06:00.920 --> 00:06:08.399
decisions that your child could make.
So in order for you to avoid having
62
00:06:08.439 --> 00:06:12.920
to go their route of having a
guardian appointed, what you should be doing
63
00:06:13.120 --> 00:06:17.399
is when your child goes off to
college, make sure that one of the
64
00:06:17.759 --> 00:06:26.279
essential documents that they have in place
is that healthcare power of attorney naming you
65
00:06:26.439 --> 00:06:31.360
or somebody else as the patient advocate, so that they will have the legal
66
00:06:31.399 --> 00:06:41.680
authority to respond if that emergency should
arise. But while you're at it,
67
00:06:41.759 --> 00:06:46.959
you should also have or your child
should also have a durable power of attorney
68
00:06:46.959 --> 00:06:51.560
for finances. Why again, parents
don't have any legal authority to manage what
69
00:06:51.639 --> 00:06:57.399
a child owns once they turn eighteen
just because their parents. Again, your
70
00:06:57.560 --> 00:07:01.560
child is an adult at age eighteen, and you have no rights to manage
71
00:07:01.759 --> 00:07:09.199
what they own. Well, who
does, similarly to who it is that
72
00:07:09.240 --> 00:07:15.720
makes medical decisions, one what we
call a conservator. A conservator again is
73
00:07:15.720 --> 00:07:19.040
somebody that's going to be appointed by
the probate court. You have to go
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to probate. You're likely going to
hire a lawyer, it's going to take
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time, you're going to spend money, and in the end it might not
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be the person that you would have
wanted or that your child would have wanted.
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But once a conservator is appointed,
then that conservator is the one who
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takes charge of your child's assets and
can manage those assets for them. Alternatively,
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your child, if they had a
legal document that's called a durable power
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of attorney. In that durable power
of attorney, they would appoint an agent
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or an attorney in fact. And
it is that agent or attorney in fact
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that then would have the legal authority
without going to probate court, would have
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the immediate legal authority to manage what
a child own. So obviously, if
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it's a serious accident, they might
still have bills that need to be paid.
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They still might have perhaps investments that
need to be manage, or car
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that needs to be handled or whatever
happens to be or or being in contact
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with a school about what's going on
with them at the school. All of
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those things are actions that still need
to be taken on behalf of your child.
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So again, the second document that
your client, I'm sorry that your
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child, not your client, that
your child should have when they go to
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college is going to be a power
of attorney. So my suggestion don't send
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your child off to college without a
power of attorney for healthcare, without a
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power of attorney for finances. And
it should go without saying, but if
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a man and I can be of
assistance to you, in putting together those
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documents for your child, even if
they're already away at college. I would
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suggest that you visit our website that's
at Doyle LAWPC dot com. There you're
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going to see information on how to
either schedule an appointment with us or your
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child with us to get those documents
prepared. In fact, we have our
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legal store that's available at the website
where those documents can in fact be ordered
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online from our office. Of course, A man and I would be happy
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to talk to you about how you
can have the power's appropriate healthcare power and
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durable power attorney prepared for your college
student, or if you need to have
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an estate plan put together, we'd
be honored to have the opportunity to help
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you protect your loved ones by putting
your plan together, perhaps amending a current
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plan that you already have, or
assisting you in settling in a state.
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We currently have both in person consultations
at our new East Lansing office as well
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as virtual consultation via zoom or telephone. Simply head on over to Doyle LAWPC
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dot com where you will find more
information about how to schedule your consultation today.
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A reminder too, that we have
of our Legal Store, and that's
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the again Doyle aw PC. You're
going to find a link to the Legal
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00:11:07.519 --> 00:11:13.799
Store at our website and in that
legal store you can order individual documents.
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Maybe all you're looking for is how
do I get this Power of Attorney for
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healthcare prepared for my college student?
Head on over to the Legal Store and
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you will find information there on how
you can order that document online, as
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well as several other documents that are
also available. And that is going to
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be it for today's show. As
always, though, if you have a
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comment about the program, a topic
that you'd like to have me discuss,
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or questions that you would like to
have answered, please send me an email
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00:12:01.120 --> 00:12:05.879
Tom at Tuesday with Tom dot com. Also follow us on Facebook, invite
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your friends and family to follow us
on Facebook as well. That would be
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Tuesday with Com and of course the
office would be Doyle law PC. Remember
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00:12:13.320 --> 00:12:20.080
too, Tuesday with Tom is available
on Apple Podcasts, Spotify, Google podcast,
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00:12:20.200 --> 00:12:26.879
iHeartRadio, Spreaker everywhere that you likely
listen to your podcasts regularly, you
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00:12:26.919 --> 00:12:33.759
will find Tuesday with Tom and you
can always again ask your smart speaker to
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00:12:33.960 --> 00:12:39.960
play Tuesday with Tom. Thanks again
for spending some of your time with us
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00:12:39.000 --> 00:12:45.000
today, and as always, I
hope that you have an awesome day and
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an awesome week in Michigan. Stay
safe. Tuesday with Tom has been brought
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to you by the estate planning attorneys
at Doyle Law. To learn how we
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00:13:01.240 --> 00:13:05.000
can help you with your estate plan
or with settling a loved one's estate,
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00:13:05.600 --> 00:13:11.039
please call us today at five one
seven three two three seven three six six.
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That's five one seven, three two
three seven three six six
