College is a time when young people come of age. Originally regarded as an academic triumph, obtaining a college education has become more common and ubiquitous for all walks of life in America.

Whether your kid is a serious student, or more laid back, there’s no denying that they will be exposed to new and potentially dangerous experiences, i.e. partying, drinking, smoking the devil’s lettuce, and unprotected sex.

Not every college student will engage in those behaviors, but the tendency to let loose and take risks is rampant in colleges across America.

College isn’t an inherently dangerous activity, but the exposure to drunk drivers, partying, car accidents and reckless behavior has ended some kids up in the hospital.

God forbid this happens to anyone with kids whos reading this. But in the event that there is a medical issue while your kid is away at college, it’s good to have documents in place so that you can make decisions on behalf of your child without having to go to court first.

A will is a document that distributes your assets when you die. Kids don’t really need wills, but I do recommend that college students get Health Care Directives or Health Care Proxies before they go off to campus.

Below is a description of what a Health Care Directive (or proxy) does and how it works in Connecticut. Massachusetts has similar laws.

Any individual 18 years of age or older, with capacity, residing in Connecticut may execute a document that contains directions regarding any aspect of health care, including the withholding or withdrawal of life support systems (Conn. Gen. Stat. Ann. § 19a-575). For example, an individual (principal) may execute:

• A living will, which is a written statement containing the principal’s preferences concerning any aspect of the principal’s health care, including the withholding or withdrawal of life support systems.
• An appointment of health care representative, which is a written statement that appoints a health care representative to make health care decisions for the principal if the principal becomes incapacitated.
• An advance directive or advance health care directive, which is a document that contains both a living will and an appointment of health care representative.

(Conn. Gen. Stat. Ann. § 19a-570.)

The principal may execute these documents separately, in which case the principal would execute a separate Living Will and Appointment of Health Care Representative, Designation of Conservators, and instructions regarding an Anatomical Gift.

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Capacity to Execute an Advance Health Care Directive

To execute a valid advance health care directive, the principal must be:

• 18 years of age or older.
• Of sound mind and able to understand the nature and consequences of health care decisions.

(Conn. Gen. Stat. Ann. §§ 19a-575, 19a-575a, and 19a-577.)

Advance Health Care Directive Only Effective on Incapacity

Despite the execution of an advance health care directive, the principal retains control over the principal’s own health care decisions until an attending physician or advanced practice registered nurse determines that the principal is incapacitated. A principal is incapacitated if the principal cannot:

• Understand and appreciate the nature and consequences of health care decisions, including the benefits and disadvantages of treatment.
• Reach and communicate an informed decision regarding the treatment.

(Conn. Gen. Stat. Ann. § 19a-570(7).)

An attending physician, as referenced in an advance directive, is a physician licensed by the Department of Public Health and selected by or assigned to the patient, which physician has primary responsibility for the patient’s treatment and care (Conn. Gen. Stat. Ann. § 19a-570(4)). Conn. Gen. Stat. Ann. § 20-10 states the licensing requirements of physicians in Connecticut.

An advanced practice registered nurse, as referenced in an Advance Directive, is an advanced practice registered nurse licensed by the Department of Public Health and selected by or assigned to the patient, which nurse has primary responsibility for the treatment and care of the patient (Conn. Gen. Stat. Ann. § 19a-570(3)). Conn. Gen. Stat. Ann. § 20-87a states the scope of practice of advanced practice registered nurses and Conn. Gen. Stat. Ann. § 20-94a states the licensing requirements of advanced practice registered nurses in Connecticut.

The designated health care representative has authority to speak for the principal only after either the attending physician o the advanced practice registered nurse makes this determination of incapacity (Conn. Gen. Stat. Ann. § 19a-579).