When parents travel and leave their minor children at home, planning ahead to delegate decision-making authority is crucial. In Florida, while natural parents hold the legal right to make decisions for their children, temporarily assigning this role to a trusted caregiver ensures that all essential matters are managed smoothly in the parents’ absence.

Power of Attorney for Minor Children

One key document for traveling parents is the Power of Attorney (POA) for the care of minor children. This legal instrument authorizes a designated caregiver to make day-to-day decisions on the child’s behalf, covering healthcare, schooling, and other important activities. The document should clearly state that the authority granted is temporary, with a set expiration date, ensuring the caregiver’s power does not extend beyond the intended period.

Healthcare Surrogate for Minors

Equally important is designating a healthcare surrogate for your child, allowing the chosen guardian to make medical decisions in both emergency and routine situations. Florida law (Fla. Stat. 765.202) requires that this document be signed in the presence of two witnesses to be legally binding. It ensures the temporary guardian has the authority to promptly address medical issues that may arise while parents are away.

Medical Information Sheet

In addition to formal documentation, parents should prepare a detailed medical information sheet. This sheet should include essential health data like allergies, medications, dosages, and the contact information of your child’s healthcare provider. Such information allows the temporary guardian to act swiftly and knowledgeably in a medical situation.

Daily Logistics and Permission Slips

Daily activities, from school to extracurricular events, also require parental consent. Before traveling, parents should provide signed permission slips for school field trips, sports, or other activities in which their children may participate. This foresight prevents disruptions in your child’s routine and grants the caregiver the ability to manage the child’s schedule smoothly.

Regular Updates and Professional Guidance

Parents who travel often or foresee periods of absence should regularly update these documents to ensure accuracy. Keeping everything current minimizes stress during travel and guarantees that your child’s well-being is covered during any temporary absence.

If a Florida resident needs assistance drafting a Power of Attorney, designating a healthcare surrogate, or creating other vital documents, CASERTA & SPIRITI is available to provide the guidance and support you need to ensure your children are fully protected in your absence.

The foregoing is a brief and general overview of the topic. If you have any additional questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

Estate planning is an ongoing process that requires regular review to ensure one’s wishes are honored, and their assets are protected. However, during an election year, this becomes even more crucial. With the upcoming elections in November, changes in tax policies, healthcare systems, and estate regulations could significantly affect an estate plan. The following is why it is essential to update an estate plan in these times and how a Florida resident can stay ahead of the curve.

Potential Shifts in Tax Legislation

Election years often bring promises of tax reforms. Depending on the outcome, these changes can impact estate taxes, capital gains taxes, and income taxes, directly affecting an individual’s estate plan. For example, a new administration may increase estate tax exemptions or, conversely, decrease them. Understanding these potential shifts can help a Florida resident proactively adjust their estate plan, ensuring they maximize their tax benefits and protect their heirs and/or beneficiaries from unforeseen liabilities.

Impact on Health Care Provisions

Election outcomes can lead to significant changes in the healthcare system, which can affect one’s estate plan, especially if they have provisions for long-term care or medical expenses. Changes in Medicare or Medicaid policies, for example, could influence how one plans for future healthcare costs. Updating an estate plan to reflect these changes ensures a person’s healthcare directives and financial preparations remain effective.

Revisions in Estate Laws

Election results can bring changes in estate laws at both the federal and state levels. These modifications may affect probate processes, trust regulations, or beneficiary guidelines or rules. Staying informed about these changes and adjusting one’s estate plan accordingly can help a person avoid legal complications and ensure a smooth transfer of assets to their beneficiaries.

What to Do with An Estate Plan During an Election Year

Review and Revise Regularly

During an election year, it is vital to review one’s estate plan more frequently. Examine the current plan and identify areas that could be affected by potential legislative changes. This proactive approach allows a Florida resident to make necessary adjustments before any new laws take effect.

Seek Professional Advice

Consulting with an estate planning professional can provide valuable insights into how upcoming elections might impact an existing estate plan. Experienced professionals can help a person navigate complex legal and tax landscapes, ensuring one’s plan remains robust and compliant with any new regulations.

Stay Informed and Flexible

Keeping informed about political developments and proposed changes can help everyone anticipate and respond to new challenges. Maintaining flexibility in an estate plan allows an individual to make timely adjustments, safeguard their assets, and ensure their wishes are met.

Everything Can Change, Except An Experienced Estate Planning Attorney’s Support

An experienced Estate Planning attorney will understand the importance of keeping an estate plan up-to-date, especially during times of political change and will help a person navigate these complexities and ensure an estate plan remains effective and aligned with the specific individual’s goals.

The foregoing is a brief and general overview of the topic. If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

Keeping important documents organized and secure is crucial for protecting a Florida resident’s financial and personal information. Here is a breakdown of eight essential documents a person should never discard:

1. Personal Papers

• Examples: Birth certificates, Social Security cards, marriage licenses, military records, and divorce decrees.
• Why Keep Them: These documents are often required for significant life events like getting a passport, renewing a driver’s license, or proving one’s identity. Make copies and store the originals in a safe, secure location.

2. Bank Account Records

• Examples: Canceled checks, bank statements, and receipts.
• Why Keep Them: Maintain these records until one’s account statements are received and reconciled. Keep checks and receipts related to significant purchases or tax matters longer for future reference.

3. Investment Records

• Examples: Trade confirmations, investment statements.
• Why Keep Them: Keep these for at least six-seven years after an investment is sold. They help an individual track capital gains and losses and are essential for accurate tax reporting.

4. Credit Card Statements and Documents

• Why Keep Them: Retain statements and receipts until they are reconciled with one’s statements. Keep receipts for major purchases or tax-related expenses longer, especially if one might need to return the item or for warranty purposes.

5. Loan Records

• Examples: Documents for car loans, mortgages, and other debts.
• Why Keep Them: These records serve as proof that loans have been paid off. In the event of a dispute with a creditor, a person will have documentation to prove their payments and avoid potential legal issues.

6. Rental Agreements

• Why Keep Them: Store rental agreements for at least seven years after the lease ends. This ensures one has a record of their tenancy, which can be crucial if disputes arise regarding property condition or deposit returns.

7. Insurance Policies and Related Documents

• Examples: Health, auto, home, and life insurance policies.
• Why Keep Them: Retain health insurance policies until the coverage ends but keep other insurance documents for at least six years after cancellation. These records may be necessary if you need to file a claim or dispute coverage.

8. Tax Returns and Related Documents

• Why Keep Them: Tax documents should be stored for at least seven years, as this is the time frame in which the Internal Revenue Service (IRS) can audit your returns. Without these records, an individual could face penalties or additional scrutiny from the IRS. However, the IRS has ten years to collect unpaid tax debt. After that time, the debt is wiped clean from the IRS books and the IRS writes it off. This period is called the Ten-Year Statute of Limitations. It is not in the financial interest of the IRS to make this law widely known. In normal circumstances, the IRS is permitted by law to go back three years when auditing tax returns. Nonetheless, if errors are detected in a return, the IRS can go back even further, although they usually do not go back more than six years.

Takeaway

Organizing and retaining these critical documents can prevent identity theft, financial loss, and legal complications. As a general rule, keep these records secure, consider maintaining digital copies, and shred outdated documents that contain personal information to protect against identity theft.

The foregoing is a brief and general overview of the topic.

If you have any additional questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

Understanding the distinctions between a Florida Living Will (also known as an “Advance Directive”) and a Do Not Resuscitate Order (DNR) is crucial, as these documents serve different but complementary roles in expressing a Florida resident’s healthcare wishes.

Florida Living Will (Advance Directive)

A Florida Living Will is a legal document that outlines one’s desires and preferences for medical treatment and care in situations where an individual cannot make decisions for themselves. Specifically, it addresses whether or not a Florida resident (patient) wishes to receive artificial life-sustaining treatment if they are in one of the following conditions:

• Terminal Condition: An incurable condition where death is expected within a short time without life-prolonging procedures.
• End-Stage Condition: A condition resulting in severe and irreversible deterioration, where treatment would be futile.
• Persistent Vegetative State: A condition where a person is unconscious and has no awareness of their surroundings, with no reasonable chance of recovery.

In these scenarios, the Living Will allows one to state whether they want life-prolonging treatments, such as ventilators or feeding tubes, to be used or if they prefer to “pull the plug” and let nature take its course. By making a person’s wishes clear in a Living Will, they relieve their family members from having to make these difficult and complex decisions during an emotionally stressful time.

Do Not Resuscitate Order (DNR)

A DNR is a medical order provided by a patient’s physician that specifically addresses whether they want to be resuscitated if their heart stops beating or they stop breathing. It instructs healthcare providers not to perform CPR (Cardiopulmonary Resuscitation) in these situations. This includes measures like chest compressions, defibrillation, and artificial ventilation.

A DNR is typically considered by individuals with serious health conditions where the chances of successful resuscitation are low, or where resuscitation may result in a diminished quality of life. For instance, in elderly patients or those with frail health, the physical trauma of CPR, such as broken ribs or punctured lungs, may outweigh the benefits of revival.

Key Differences and Why Both Are Important

• Scope: The Living Will covers a broader range of medical decisions concerning life-prolonging treatment in specific medical conditions. A DNR, on the other hand, is focused solely on whether or not to attempt resuscitation in the event of cardiac or respiratory arrest.
• Usage: The Living Will comes into play when a patient is diagnosed with a terminal, end-stage condition, or persistent vegetative state, and unable to communicate their wishes. A DNR is used in an emergency when one’s heart stops or they stop breathing.
• Authority: A Living Will is a directive from an individual about their wishes, which healthcare providers must follow. A DNR is a medical order signed by a physician based on their patient’s wishes.

Why A Florida Resident Should Have Both

While both documents are health-related, they are not interchangeable. Having both a Living Will and a DNR ensures that all aspects of one’s healthcare preferences are respected. The Living Will provides guidance on long-term care decisions, while the DNR ensures one’s wishes are followed in a critical, time-sensitive situation. Without both, there may be gaps in understanding a person’s desires during an emergency, which can lead to confusion or unwanted medical interventions.

By preparing both a Living Will and a DNR, a Florida resident ensures that their healthcare decisions are clear and respected, providing peace of mind to both the subject individual (patient) and their loved ones.

The foregoing is a brief and general overview of the topic.

If you have any additional questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

End-of-life care is a delicate issue, and the choices regarding legal documents are individual and greatly affect both the particular Florida resident and their loved ones. Despite life’s unpredictability, one thing individuals can control is how they wish to be treated in a medical emergency. A Living Will, or an Advance Medical Directive, is a powerful and effective tool that ensures a Florida resident’s healthcare decisions are respected and followed when they can no longer voice said decisions themselves.

The Importance of a Living Will

A Living Will permits individuals to maintain autonomy over their medical care by identifying in advance what treatments they do or do not want to receive. This is particularly important for those with strong and clear views about their care, whether based on religious beliefs or personal convictions. By documenting these choices, individuals ensure that their healthcare aligns with their values, thus preserving their dignity. This directive empowers individuals to define the conditions of their final days, ensuring that they live them on their own terms.

Creating a Living Will as part of one’s estate plan significantly reduces the emotional burden on family members. Without it, loved ones may experience the problematic task of making life-altering decisions during times of grief, often resulting in feelings of personal guilt as well as causing internal family conflicts. A Living Will decreases the likelihood of disputes and provides the family with the comfort of knowing they are acting in their loved one’s best interest while complying with said individual’s explicit instructions.

Preventing Disputes

The presence of a Living Will can be a unifying force among family members during challenging times. It serves as a clear expression of one’s wishes, granting peace of mind to all involved by ensuring that decisions are not left to interpretation or external influence. This foresight not only fosters harmony but also prevents loved ones from the burden of making complex decisions under pressure.

The story of Terri Schiavo in Florida illustrates the chaos and heartache that can ensue when preferences about medical care are not legally documented. The absence of a Living Will and Powers of Attorney led to a highly publicized and prolonged dispute among her family members, highlighting the importance of having these directives in place to avoid similar turmoil.

Preparing A Living Will

Establishing a Living Will should be done while a person is of sound mind, allowing them to make well-informed decisions about their own healthcare. It is important to be specific about medical treatment preferences, including any interventions an individual wishes to decline. Consulting with a healthcare professional provides clarity on the implications of certain choices, but overall, also consulting with an experienced Estate Planning attorney will prove beneficial in guiding you. The document must be drafted in clear, concise language to prevent any misunderstandings.

Integrating a Living Will into a broader estate plan, which might include instruments like a Durable Power of Attorney, is also advisable. This ensures a comprehensive approach to managing one’s care and estate in accordance with their expressed desires.

Building a Plan with an Experienced Estate Planning Attorney

Basically, a Living Will is a declaration or statement of a person’s values and a blueprint for their medical care when they are unable to make these critical decisions themselves. It protects an individual’s autonomy, supports their family during challenging times, and ensures that their medical treatment aligns with their own personal values and preferences. The law firm of CASERTA & SPIRITI is available to assist those who are ready to take this significant step in planning for the future. By preparing a Living Will now, a Florida resident can safeguard their rights and provide their loved ones with valuable guidance and avoid unnecessary stress and anxiety. Contact our office or any experienced Estate Planning attorney so that your wishes are clearly articulated and legally recognized.

The foregoing is a brief and general overview of the topic.
If you have any additional questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

The month of August is National Make A Will Month, a perfect time to start organizing your estate plan if you have not done so already. Creating a Last Will & Testament as well as other Estate Planning documents is a crucial step in ensuring that your family and loved ones are protected, that your assets are distributed according to your wishes, and you have a trusted individual(s) to act on your behalf when you cannot.

Why Having a Will as well as other Estate Plan documents is Important

After over thirty years of assisting Florida families with their estate plans, we have found that the most compelling reason to have a proper Last Will & Testament in place is the peace of mind it provides. Knowing that your affairs are in order can significantly ease the burden on your family during what is certain to be a challenging time in their lives. A well-drafted Last Will ensures that your wishes are honored and that your loved ones are cared for, minimizing potential conflicts and confusion.

Estate planning is a vital process that allows a Florida resident to take control of how their assets are managed during their lifetime and distributed after their passing. While thinking about end-of-life decisions can be difficult, creating a well-structured estate plan is essential for several key reasons:

1. Asset Distribution

A comprehensive estate plan enables you to specify how your assets, such as real estate, investments, and personal belongings, will be distributed among your beneficiaries. This ensures that your wealth is passed on according to your wishes, reducing the potential for disputes among heirs.

2. Guardianship for Minor Children

If you have minor children, estate planning allows you to designate a guardian in the event of your untimely passing. This ensures that your children are cared for by someone you trust, providing peace of mind that their well-being will be prioritized.

3. Minimizing Estate Taxes

Proper estate planning, where appropriate, can help reduce the tax burden on your estate, allowing more of your assets to be passed on to your beneficiaries. If necessary, sophisticated strategies like trusts and gifting can be utilized to reduce or defer estate taxes, preserving your wealth for future generations.

4. Avoiding Probate

With the right estate planning tools, such as revocable living trusts, Lady Bird deeds, and designated beneficiaries on appropriate accounts, among others, you can avoid or minimize the probate process. This can save your loved ones time, money, and stress, and help ensure a smoother transition of your assets.

5. Healthcare & Financial Decisions

Further, often overlooked Estate planning tools include provisions for Healthcare Surrogates, Advance Directives or Living Wills, and Durable Powers of Attorney for financial matters and property management, etc. These documents allow you to appoint a trusted individual to make medical and financial decisions on your behalf if you become incapacitated, ensuring your healthcare as well as financial wishes are respected.

Planning for Generational Wealth

Many families today, especially those coming into wealth for the first time, have the opportunity to pass on generational wealth. With this new responsibility, it is more important than ever to plan for the future. Estate planning might seem overwhelming, but with the guidance of a trusted professional, it can be a straightforward and reassuring process.

Here to Assist

At Caserta & Spiriti, we are dedicated to assisting you in making the right decisions for your estate plan. Whether you are just beginning the process or need to update an existing estate plan, our experienced team is here to guide you throughout the process.

Take advantage of National Make A Will Month to secure your family’s future. Contact our law office today to get started on your estate plan.

This article provides a general overview and is not legal advice. For specific legal assistance, consult an experienced Florida Estate Planning attorney.

If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

During Hurricane season or at any other time, losing important documents can be stressful, but fortunately, most can be replaced. The following is a general guide on how to replace various types of lost paperwork:

1. Replacing Government-Issued Documents

• Driver’s Licenses and State IDs: Contact your state’s Department of Motor Vehicles (DMV). You will need to provide personal information and possibly pay a fee.
• U.S. Passports: Apply for a replacement through the U.S. Department of State by completing Form DS-11 and Form DS-64. If lost abroad, contact the nearest U.S. embassy or consulate.
• Birth, Marriage, or Death Certificates: Contact your state’s office or bureau of vital records/vital statistics. Most can be obtained online.
• Social Security, Medicare, and Medicaid Cards:
  • Visit your local Social Security office or request a new Social Security card online at ssa.gov.
  • Request a new Medicare card at Medicare.gov.
  • For Medicaid cards, contact your state Medicaid agency.
• Tax Returns: Request copies from the IRS for a fee unless you are in a federally declared disaster area. Alternatively, contact your tax preparer, CPA, or accountant.
• Immigration Documents: U.S. Citizenship and Immigration Services (USCIS) can help replace lost documents like Green Cards and work authorization cards. For nonimmigrant visas, visit the State Department’s website for guidance.

2. Replacing Contracts

• Business Contracts: Contact the other party or your attorney for a copy. Companies usually keep records of contracts with customers.
• Personal Contracts: Again, contact the other party or your attorney for a copy. If created through a legal plan or online account, check your dashboard or archive for a copy.

3. Replacing Estate Planning Documents

Estate Planning Documents include your Last Will & Testament, Powers of Attorney, and Advanced Directive.

• Attorney Copies: Estate planning attorneys sometimes keep original documents or will have copies. Contact your attorney for replacements.
• Secure Storage: Store documents in a safe deposit box or a fireproof safe at home.
• Create New Documents: If you cannot find your Last Will, creating a new one will revoke the old one.

Steps for Replacing Documents

1. Identify the Document Type: Determine if it is a government-issued ID, contract, or estate planning document.
2. Contact the Issuing Agency: Reach out to the relevant agency or entity that issued the original document.
3. Provide Necessary Information: Be prepared to provide personal information, identification numbers, and possibly a fee.
4. Secure New Copies: Once received, store new copies securely to prevent future loss.

If you need assistance, consulting with an experienced Florida attorney can provide reliable guidance and help ensure all necessary steps are taken to replace your documents effectively.

This article provides a general overview and is not legal advice. For specific legal assistance, consult a Florida attorney.

The foregoing is a brief and general overview of the topic. If you have any additional questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

Traveling should be a time to relax and explore new places, however, legal issues can occasionally arise. The following are some key steps to take if a Florida resident encounters legal problems while on vacation:

1. Where Should I Hire a Lawyer?

• Within the U.S.: Each state licenses its own attorneys. If you encounter legal trouble in a different state, hire a lawyer licensed in that state. They will be familiar with local laws and court procedures.
• In Another Country: Finding a lawyer can be more challenging. The U.S. State Department can help connect you with an English-speaking lawyer. Consular officials can offer general advice and monitor your treatment if detained.

2. Am I Required to Return to the Vacation Destination to Deal with the Legal Problem?

• In the U.S.: If charged with a crime, you may need to stay in the state or county where you were charged. A local attorney can sometimes represent you, but you might need to appear in person for some court proceedings. Virtual hearings might be an option, but not guaranteed.
• In Another Country: Consequences vary by country. Not dealing with the issue could prevent future travel to that country.

3. Handling Legal Problems at Home While on Vacation

• Power of Attorney: Grant someone authority to act on your behalf while you are away. This can be limited to specific matters and for a set duration.

4. Handling Traffic Tickets or an Arrest on Vacation

• Traffic Tickets: Check the ticket for payment options. A local attorney can help contest it without requiring your presence.
• Arrested in Another State: You have constitutional rights, including the right to an attorney and to remain silent. A local lawyer can request permission for you to return home while your case is pending.
• Arrested in Another Country: Request to speak to the nearest U.S. embassy or consulate. The Vienna Convention on Consular Relations ensures your right to consular assistance.

Additional Tips:

• Preparation: Enroll in the Smart Traveler Enrollment Program (STEP) to connect with the nearest U.S. embassy or consulate. This can help friends and family reach you in an emergency.
• Legal Advice: For personalized advice, contact a local lawyer. If you are a member of a Legal Plan, you can reach out to them and request a referral to a local Plan attorney, if they have any in or nearby the subject jurisdiction.

Remember, while this guide provides general information, legal advice should come from a licensed attorney familiar with your specific situation. If legal trouble arises on vacation, act promptly to address the issue effectively.

The foregoing is a brief and general overview of the topic.
If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

When a child turns eighteen (18), they legally become an adult, and a parent loses the automatic right to access their medical, financial, and educational records. To prepare for unexpected situations and to help manage a child’s affairs, consider having them set up an estate plan that includes these key components:

1. Healthcare Proxy with HIPAA Release

• Purpose: Allows a designated person to make medical decisions if a child is incapacitated and enables access to their medical records.
• Why It is Important: Without a HIPAA release, a parent might not receive critical medical information or updates if their child is unable to communicate. A healthcare proxy prevents the need for court proceedings to appoint a parent as a legal guardian during a medical crisis.

2. Durable Power of Attorney

• Purpose: Grants a trusted person the authority to manage a child’s financial matters if they become incapacitated or are unable to handle them.
• Why It is Important: Without this, a parent cannot access their bank accounts or manage their financial affairs, potentially leading to legal complications and delays. This document is also helpful for managing issues while an adult child is away at college or traveling.

3. Last Will & Testament

• Purpose: Specifies how a child’s assets should be distributed in the event of their death.
• Why It is Important: Ensures that their wishes are honored and avoids unintended consequences that could complicate one’s estate planning.

Additional Considerations:

• FERPA Authorization: Allows a parent access to their child’s educational records. This is crucial as FERPA (Family Educational Rights and Privacy Act) grants privacy rights to students over eighteen (18), limiting parental access without consent.
• Discussions with an Adult Child: Ensure the adult child understands the implications of these documents and that they are comfortable with the authority they are granting.

Benefits for College Students:

• Medical and Financial Management: Allows parents to help manage medical appointments, prescriptions, finances, and emergencies.
• Studying Abroad: Facilitates handling of financial transactions and lease agreements while the student is overseas.

Conclusion:

Setting up these documents can ensure that a parent is prepared to assist their adult child in handling medical and financial matters efficiently and effectively, even when they are away from home or if an emergency takes place.

For assistance in drafting these documents, consult with an attorney who specializes in Estate Planning. They can provide guidance tailored to one’s specific needs and circumstances.

Contact CASERTA & SPIRITI if help is needed in completing an estate plan or setting up a Durable Power of Attorney for one’s college student.

The foregoing is a brief and general overview of the topic.

If you have any additional questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

The Family Educational Rights and Privacy Act (FERPA) protects the confidentiality of student educational records at any public or private elementary, secondary, or post-secondary school, and any state or local education agency receiving federal funds. FERPA grants students the right to inspect and review their records, request corrections, stop the dissemination of personal information, and access their institution’s policy on educational records. It also prohibits disclosure of such information without the student’s or parent’s consent, except under specified conditions.

Key Provisions:

1. Student Rights: Students have the right to inspect and review their records, request corrections, and halt the release or dissemination of personal information.
2. Consent Requirement: Schools must obtain written consent before disclosing personally identifiable information, with exceptions for legitimate educational interest, transfer to another school, audit, evaluation, financial aid, certain studies, judicial orders, health and safety emergencies, and juvenile justice systems.
3. Directory Information: Schools may release directory information, such as names and addresses, unless opted out by the student or parent.
4. Record Exemptions: Certain records are exempt from FERPA, including sole possession records, law enforcement unit records, employee records, and certain health records.

History:

• Enacted in 1974, FERPA was a response to the misuse of student records.
• The “Joint Statement in Explanation of Buckley/Pell Amendment” clarified the intent to give parents access to their children’s records to protect their interests.

Amendments:

• 1974: Limited post-secondary student access to parental financial records and pre-1975 recommendation letters.
• 1979: Allowed state and local educational officials to access records for audits or evaluations.
• 1990-2013: Various amendments expanded conditions under which records could be disclosed without consent, including health or safety emergencies, campus security, and cases involving juvenile justice systems.

Protections:

• Parents and Eligible Students: FERPA grants rights to inspect and amend records and provides consent requirements for disclosure.
• Disclosure Exceptions: Include disclosures to school officials, other schools, government representatives, financial aid providers, organizations conducting studies, accrediting organizations, and in cases of health or safety emergencies.
• Post-Secondary Students: Additional rights include notification of disciplinary proceedings’ outcomes and disclosure to parents about drug or alcohol violations for students under twenty-one (21).

FERPA and COVID-19:

The health or safety emergency exception applies, allowing the disclosure of information necessary to protect individuals during the pandemic.

Complaints:

Violations of FERPA can be addressed through the Department of Education’s Student Privacy Policy Office, but there is no private right of action to sue for violations.

EPIC’s Work:

The Electronic Privacy Information Center (EPIC) has advocated for stronger FERPA protections, transparency in data practices, and accountability for the use of recent technologies in classrooms.

Key Legal References

• Family Educational Rights and Privacy Act: 20 U.S.C. § 1232g
• FERPA Regulations: 34 CFR Part 99.

Directory Information

Under FERPA, a school can disclose what is known as “directory information” without violating a student’s privacy. This includes:

• Name,
• Address,
• Telephone number,
• Date and place of birth,
• Major,
• Dates of attendance,
• Degrees and awards received,
• Enrollment status (full-time, part-time, etc.),
• Most recent previous school attended.

Opting Out:

If a student does not desire the school to release or disclose their directory information, they must complete and submit the “Request for Non-Release of Directory Information” form.

Granting Access to Education Records:

To allow a student’s parents or any third-party access to their education records, the student needs to submit a signed and dated consent form such as Model Form for Disclosure to Parents of Dependent Students and Consent Form for Disclosure to Parents on the U.S. Dept. of Education website and/or each school may have its own version. A Durable Power of Attorney executed by the adult child student with the parent as Agent can also be particularly important and helpful in allowing parents access to their child’s educational records as well as medical records if the said child is rendered unable to do so on their own.

Without the foregoing, the subject school cannot discuss the adult student’s records with anyone other than the said student, except for the specific exceptions allowed under FERPA.

Submitting a FERPA Authorization:

• Students are not required to sign the FERPA authorization.
• Students can change their authorization at any time by submitting a new authorization form.

Additional Information: For more details on FERPA rights or the FERPA waiver or authorizations, one can contact the Registrar’s Office at the subject school, and/or refer to the U.S. Department of Education’s resources on FERPA. A Florida resident can also contact an Estate Planning or Elder Law attorney regarding Durable Powers of Attorney.

The foregoing is a brief and general overview of the topic.

If you have any additional questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.