Power of Attorney for Education

Special Education Services Shouldn’t Stop At Age 18, With a POA for Education It Doesn't Have To.
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Help Your Child Receiving Special Education Services After They Turn 18

This Power of Attorney is to allow the parents of a student turning 18 to allow to act for them in concerning educational issues. Without this document in many states after the student turns 18 the parent has no right to input or information concerning special education services.

For $49.99, you will receive a personalized document using my easy-to-use form developed from my 20+ years of legal experience.

Benefits:
  • Allows parent or other trusted person to assist student with special education decisions
Inlcuded Documents:
  • Special Durable Power of Attorney for Matters Concerning Education

Table of Contents

What is a Power of Attorney for Education?

When a student turns 18, they are legally an adult, and can their own life. You as a parent legally no longer have any say over your adult child’s life. If the student has disabilities, however, they may not be ready to make all the necessary adult decisions. A student who does great academically may still not be able to talk with faculty advisers, decide a schedule or navigate the maze of financial aid.

In general, a power of attorney authorizes an agent to make decisions for the person who signs the document. It allows the agent to do nearly anything the person could do for themselves. Limited POAs assign the agent specific tasks, such as selling a house, or a specialized area of authority, such as making medical decisions. An Educational Power of Attorney, or EPOA, grants the agent authority to act only for educational purposes.

For students with disabilities who are receiving special education services the Power of attorney for education allows a parent to continue to work with a special education department after the student reaches the age of 18. Once the student reaches the age of 18 the parent is no longer, in many states available to make decisions for them concerning Special Education Services.

The Benefits of a Power of Attorney for Educational Purposes

Maintain Your Special Education Services

The benefit for a power of attorney for education purposes is to allow the parent to continue to make decisions for the student after they reach the age of 18. You will continue to have input in your adult child’s special educ ation services. Without this in many states you would be excluded from having any input in determining the special educations services they will receive. In my own special education practice I have seen special education departments have the student sign off that they no longer need special education services even though they are entitled to those services until they turn 22.

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A young girl with a radiant smile in a wheelchair participates in class, illustrating the inclusive education supported by the power of attorney for education.

Education Decisions Beyond Age 18 (highschool)

Having a power of attorney for education purposes allows parents to continue to be involved in the education of their child after the age of 18. This allows them to support their child during the IEP process, helping them make good decisions about their future education. There are now hundreds of programs across the country that serve students with intellectual disabilities and developmental disabilities. having an educational power of attorney allows the parent the ability to help those students navigate the very complex higher education world. even if your child does not have a disability the power of attorney for educational purposes can be very important in allowing you access to their educational records as well as assisting them in the very complex world of higher education.

Educational Decisions in Higher Education

An educational power of attorney allows the parents to continue to be involved in assisting in their child’s educational decisions, including decisions made at the college level in accessing disability services, Course selection, Financial aid, etc.

Downsides Of Not Having a Power of Attorney for Education

Loss of governmental special education services

In my special education practice I have seen school districts convinced students that they should no longer have special education services when the student clearly needs them to be successful.

Additional stress on the disabled adult when going through the bureaucracy of the educational system alone

Many students, including students with disabilities, need the assistance of their parents in navigating the very complex world of higher education. without an educational power of attorney parents have no Ability to assist their adult child in the higher education process. once your child turns 18 you have no more access to their educational records, including grades. for students with disabilities, many of them need assistance in navigating disability services, Financial aid, course selection, etc. For a student who has executed a power of attorney for educational purposes to their parent, when they run into trouble in college, there is no way for the parent to step in and assist them in remedying the situation. for instance if a student requires hospitalization or is unable because of some type of episode, the parents are not able to step in to act as a liaison to the college administration and faculty.
A proud graduate with Down syndrome, wearing a black gown and red stole, points upward against a yellow backdrop, signifying achievement and the role of power of attorney for education in his journey.

When Do You Use A Power of Attorney for Education

My Child with Special Needs just turned 18

having an educational power of attorney allows you to assist them in making good decisions about their education. There has been some experiences across the country where special education departments convince the student after they turn 18 to eliminate special education services. This can happen, and the parents would have no input in this without the power of attorney for education.
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My Special Needs Child is Going to College

The legal environment in college is very different from the legal environment concerning the K 12 education system. The student must disclose they have a disability in order to receive any disability services. There is no right to special education services at the college level. Having the power of attorney for educational purposes allows the parents to assist there a student with accessing disability services at the college level. In addition there are a number of federal laws that deny the parent the right to access any educational records at the college level for their adult child. parents, even though they may be paying the entire bill for college, I denied the right to access course grades, Etc.

Give Temporary Powers to Someone Else

It is also possible for someone to grant the power of attorney for education purposes on a temporary basis to assist in certain issues concerning education.

Downsides Of Not Having a Power of Attorney for Education

Loss of decision making over educational matters

In many states, without having a power of attorney for education, parents are no longer able to assist their child after they reach the age of 18. This can leave the student at the mercy of school administrators, who may not have their best interest at heart.

Educating an Adult with Special Needs on the benefits of a Power of Attorney for Education

Appointed person can help with educational decision making

Many students, including students with disabilities, going to college, Need assistance in navigating the complex systems of higher ed. if they have appointed someone in their power of attorney for educational purposes, that person can step in and assist them to make sure they get the most out of the college experience.
An adult with Down syndrome in a blue t-shirt sits comfortably, engaging in conversation with a person in a blurred foreground, symbolizing the discussion of power of attorney for education.

Help fill out paperwork and register for classes

If you’re adult child has issued you a power of attorney for educational purposes you can assist them in any paperwork that needs to be filled out to register for classes. it also allows you to speak to and make decisions for them with College administrators. This can be very helpful for many students and for students with intellectual or developmental disabilities this can be critical to their success.

Help with scholarship applications

Having a power of attorney for educational purposes will allow you to speak to college administrators, financial aid departments, Disability Services, etc. Without the educational power of attorney you will have no ability to speak directly to any of these departments on behalf of your child.
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Attorneys typically charge in excess of $3,000 for these same documents.

Book a free consultation to learn more about how my services can help you provide financial protection for a child with special needs.

What to do after you purchase a Power of Attorney for Education on our site

Appointed person can help with educational decision making

Go over in detail with your child on the importance of allowing you to assist them in their college experience. explain to them that without this document you will have no ability to advocate for them on their behalf. also explain it will allow you to deal with college administrators, disability services, admissions, registrars, Etc to assist them in their college experience.

Where to keep copies of your POA

If there are two copies of the power of attorney, you should keep one and give the other original to the person you have granted the power of attorney too. in addition, you should both have electronic copies of the fully signed and notarized power of attorney.

Signing the document

The person giving the power of attorney to someone else to act for them must sign the power of attorney in the presence of a notary public. you can find a notary public at many banks, insurance companies UPS stores, libraries, Etc. in addition many states require two witnesses to the power of attorney.

How many POA copies to keep

It is a good idea sign more than one copy of the power of attorney. however, given the way the law and technology has advanced, many businesses, colleges, Etc require just the signed notarized electronic copy of the POA. Once the power of attorney has been signed in the presence of two witnesses and the notary, you should scan the document and save it with your important files as a pdf. this will allow you to send the document to who is Ever requesting it either by texting or email.
You should give the original signed copy of the power of attorney to the person you have granted that power to.

In a classroom setting, a young boy with a beaming smile is seated in a wheelchair, wearing a pale yellow polo shirt and navy pants. He holds a pencil in each hand, with thumbs up, symbolizing enthusiasm and a proactive stance towards learning. The green chalkboard in the background serves as a reminder of the educational journey ahead, where legal tools like the power of attorney for education ensure that his special needs are acknowledged and accommodated, allowing him to thrive academically.
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Meet Tom Sannicandro

I am a special needs planning attorney and an expert in Special Needs Trusts and have been practicing disability law for more than 20 years. I am the father of an adult son with Down syndrome, so I know the challenges that families face when trying to provide a future for all their children. So if you are looking for an attorney for special needs trust, look no further. After years of the practice of law, I thought the best way to give back would be to provide special needs estate planning documents for families with a child with special needs in an easy and affordable way. That is why I created this 501(c)(3) nonprofit corporation to provide families with an affordable way to protect their loved ones. Create your will and special needs trust now by clicking here or set up a free appointment with me by clicking here!

Frequently Asked Power of Attorney for Education Questions

A power of attorney for education is a legal document that grants an individual the authority to make decisions and take actions on behalf of a student in matters related to education. This may include enrolling the student in school, consenting to educational services, participating in school activities, and accessing the student’s educational records. The person appointed in the power of attorney document is often referred to as the educational agent.
The duration of a power of attorney for educational purposes can vary and is typically specified in the document itself. It may be effective for a specific academic year, until the completion of a particular educational program, or for a defined period. The length of validity is determined by the terms outlined in the power of attorney document and the preferences of the individuals involved.
While it is possible to create a Power of Attorney for Education without a lawyer, it is advisable to seek legal advice to ensure that the document complies with relevant laws and meets the specific needs of the parties involved. Legal professionals can provide guidance on the content and language of the document, tailoring it to the unique circumstances of the educational decisions being delegated.
The necessity to file an educational Power of Attorney (POA) with the state can vary depending on local regulations. In many cases, filing with the state is not required, but it’s essential to check state-specific requirements to ensure compliance. Even if filing is not mandatory, having a notarized and properly executed POA document is crucial for it to be recognized and accepted by educational institutions and other relevant entities.
A healthcare power of attorney specifically grants an individual the authority to make medical decisions on behalf of the student. While it doesn’t inherently cover educational decisions, it can complement a power of attorney for education by ensuring that health-related matters impacting the student’s education are also addressed.
While some individuals prefer separate documents for clarity, it is possible to include both healthcare and educational powers within a comprehensive power of attorney document. This can streamline decision-making processes, provided the document is carefully drafted to cover the necessary legal aspects of both realms.
A general power of attorney grants broad authority for various legal and financial decisions, while a medical power of attorney specifically pertains to healthcare choices. In an educational context, a general power of attorney may encompass a broader range of decisions, including financial matters, while a medical power of attorney focuses solely on health-related decisions affecting the student.
Yes, a power of attorney can be used to designate a legal guardian for educational and healthcare decisions. This legal guardian, often appointed in the document, assumes the responsibility of making decisions related to the student’s education and health when the parent or legal guardian is unavailable or unable to do so.
A financial power of attorney empowers an individual (the agent) to make financial decisions on behalf of the student. In an educational context, this may include handling tuition payments, managing educational expenses, and addressing any financial matters associated with the student’s educational journey. It complements the educational power of attorney by ensuring comprehensive decision-making capabilities.

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