Whether you are heading off on a long-awaited summer getaway or taking off to visit family for the holidays, it is important to take a moment to ensure your legal affairs are in order before you leave. Whether you are traveling alone, as a couple, or with your entire family, addressing a few key estate and emergency planning tasks can provide meaningful peace of mind and help avoid unnecessary complications while you are away. Toward that end, the Los Angeles attorneys at Schomer Law Group, APC discuss five estate planning steps to take before traveling.
- Review and Refresh Your Estate Plan. A Last Will and Testament or trust typically serves as the foundation of a comprehensive estate plan. Before you leave town, take time to review your Will, trust, and any other existing estate planning documents. Consider whether your beneficiaries are still accurate, whether your Executor or Trustee remains appropriate, and whether any major life changes, such as a birth, death, marriage, or divorce, should prompt an update to your plan. Changes in financial circumstances, family relationships, or even changes in California law may necessitate revisions. A brief consultation with your estate planning attorney can ensure your documents reflect your current wishes and comply with the latest legal requirements. Even if your estate plan seems current, a professional review can uncover small but important updates that make a significant difference in an emergency.
- Confirm Powers of Attorney and Advance Directives Are in Place. Your Durable Power of Attorney and Advance Healthcare Directive are two critical documents that provide legal authority to another person to act on your behalf if you become incapacitated or unavailable. These documents become especially important when you are traveling, particularly if you will be in a different time zone, country, or otherwise difficult to reach. The person you name as your financial agent under a Durable Power of Attorney will be able to manage your assets, pay bills, or address financial issues while you are away. Your healthcare agent, designated in an Advance Healthcare Directive, will have the authority to make medical decisions for you in the event of a medical emergency. Make sure the individuals you have appointed are still appropriate, willing, and able to serve in these roles. It is also wise to inform them of your travel plans and provide them with copies of the relevant documents before you depart.
- Execute Temporary Guardianship Documents for Minor Children. If you are a parent leaving your minor children in the care of grandparents, relatives, or a trusted friend during your trip, temporary guardianship documentation is essential. This legal form authorizes the caregiver to seek medical treatment, make school-related decisions, or address other emergency matters on behalf of your children while you are away. Without proper authorization, caregivers may face obstacles when trying to obtain medical care or make necessary decisions for your children. Even a short absence, such as a weekend getaway, warrants taking this precaution. California law allows for temporary guardianship through a simple document that can be tailored to the duration and scope of your trip.
- Address Estate Planning Needs for Young Adult Children. Once a child turns 18, parents lose the legal right to access their child’s medical records or make decisions on their behalf. If your college-aged child is traveling with you or on their own, ensure they complete their own estate planning basics. A HIPAA authorization will allow healthcare providers to release medical information to you in the event of an emergency. A Power of Attorney and Advance Healthcare Directive will empower you to make medical and financial decisions for your child if necessary. These documents can be prepared relatively quickly and provide reassurance for both you and your child while they are away from home.
- Review Beneficiary Designations for Consistency. Many people are unaware that beneficiary designations on accounts such as life insurance policies, retirement accounts, and payable-on-death (POD) bank accounts operate independently of a Will or trust. These designations can override the terms of your estate plan if they are outdated or inconsistent. Before you leave on your trip, take time to review these designations to ensure they reflect your current intentions. Beneficiary forms are typically easy to update and can be requested from your financial institutions. Aligning your beneficiary designations with your estate plan avoids the risk of assets being distributed contrary to your wishes.
Can We Help You with Estate Planning Steps before Traveling?
For more information, please join us for an upcoming FREE seminar. If you would like help with crucial estate planning steps that you should take before traveling, contact the experienced Los Angeles estate planning attorneys at Schomer Law Group APC by calling (310) 337-7696 to schedule an appointment.
A graduate of Boston University School of Law, Scott P. Schomer is a frequent lecturer on estate planning and elder law issues, having discussed these important issues on local and national television. A seasoned courtroom advocate, Scott has obtained combined judgments and verdicts in excess of twenty-five million dollars for his clients. Read More!
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