Estate Planning Before You Travel: Why It Matters
Planning a vacation often means thinking about flights, hotels, passports, luggage, and itineraries. But there is another type of preparation that is easy to overlook: making sure your estate plan is in order before you leave.
Whether you are traveling across the country, taking an international vacation, or spending several months away from home, unexpected events can happen at any time. An accident, illness, hospitalization, or even an unexpected death can create difficult legal and financial situations for your loved ones.
A properly prepared estate plan can help make sure the right people have the authority to act on your behalf and that your wishes are clearly documented.
Your Estate Plan Is About More Than What Happens After Death
Many people associate estate planning exclusively with wills and inheritance. While deciding what happens to your assets after death is an important part of an estate plan, it is only one piece of the bigger picture.
Estate planning can also address what happens if you become unable to make financial or medical decisions for yourself.
For example, a durable power of attorney can allow a person you trust to handle certain financial and legal matters on your behalf if you are unable to do so. Under Florida law, a power of attorney can be made durable so that the authority is not terminated by your subsequent incapacity.
This can be particularly important when you are traveling because an unexpected emergency may leave you unable to communicate, access accounts, manage property, or handle other important matters.
Make Sure Someone Can Help With Your Financial Affairs
Imagine that you are traveling outside Florida and are unexpectedly hospitalized. Your mortgage still needs to be paid. Bills may continue to arrive. Your business or financial obligations may require attention.
Without appropriate planning, your family may face unnecessary difficulties trying to determine who has legal authority to act for you.
A properly executed durable power of attorney can help address these situations by giving a trusted agent authority to handle financial or legal matters within the scope of the document.
Florida law generally requires a power of attorney to be signed by the principal and two witnesses and acknowledged before a notary public.
Before traveling, it is worth reviewing your existing power of attorney and confirming that:
- The person you appointed is still someone you trust.
- The document reflects your current circumstances.
- Your agent has access to the information they may need.
- Your important financial institutions will accept the document.
- You know where the original or appropriate copies are located.
Don't Forget Your Health Care Wishes
Your financial affairs are only one part of the equation. You should also consider who can help make health care decisions if you cannot communicate your wishes yourself.
In Florida, a person can designate a health care surrogate to make health care decisions or receive health information on the person’s behalf. Florida law requires a written designation to be signed in the presence of two adult witnesses, subject to the statutory requirements.
Before traveling, make sure the person you have chosen as your health care surrogate knows about the appointment and understands your general wishes.
It can also be helpful to discuss your preferences regarding medical treatment, emergency care, and other important health care decisions before an emergency occurs.
Review Your Will and Other Estate Planning Documents
Travel is also a good reminder to review your overall estate plan.
If you have a will, ask yourself whether it still reflects your wishes. Have you experienced any major changes since it was prepared?
For example:
- Have you gotten married or divorced?
- Have you welcomed a new child or grandchild?
- Have you experienced a significant change in your finances?
- Have you purchased or sold real estate?
- Have you experienced the death of a beneficiary or personal representative?
- Have your relationships with the people named in your documents changed?
Florida has specific legal requirements for executing wills, so simply making handwritten changes or informal additions to an existing estate planning document may not accomplish what you intend.
If your circumstances have changed, speak with an estate planning attorney before making changes yourself.
Keep Important Information Accessible
Having an estate plan is important, but your family also needs to know how to find the documents and information they may need in an emergency.
Before leaving for a trip, consider making sure a trusted person knows where to locate:
- Your will or trust documents
- Durable power of attorney
- Health care surrogate designation
- Living will or other advance directives
- Insurance information
- Important financial account information
- Information about real estate you own
- Contact information for your attorney and other important professionals
You do not necessarily need to give someone access to all of your private financial information. The goal is to make sure the right people know where important documents can be found if they are needed.
Traveling Abroad? Give Your Plan Extra Attention
International travel can make unexpected situations more complicated.
If you become seriously ill or injured outside the United States, your family may need to coordinate with hospitals, insurance companies, consulates, airlines, or other organizations while also dealing with your affairs at home.
Before an international trip, consider reviewing your estate planning documents with an attorney and making sure your family or designated representatives know who to contact in an emergency.
It is also a good idea to keep copies of important documents in a secure location that can be accessed when necessary.
Estate Planning Should Be Part of Your Travel Checklist
You do not need to be wealthy or elderly to benefit from estate planning.
Unexpected events do not follow an age requirement, and a well-prepared estate plan can help reduce confusion for your loved ones when they are already dealing with a stressful situation.
Before your next trip, take a few minutes to ask yourself:
If something happened to me while I was away, would the people I trust know what to do?
If the answer is uncertain, your upcoming trip may be the perfect reason to review your estate plan.
At Nuñez Estate Law & Title, we help Florida families create and review estate plans designed around their individual circumstances and goals. Whether you already have an estate plan or are creating one for the first time, taking the time to plan today can provide greater clarity and protection for you and your loved ones tomorrow.
Ready to review your estate plan before your next trip? Contact our legal team to schedule a consultation and learn how we can help you prepare for the unexpected.
This article is for informational purposes only and does not constitute legal advice. Every person’s circumstances are different, and you should consult with a qualified Florida estate planning attorney regarding your specific situation.
