Before You Travel This Summer, Make Sure Your Family and Property Are Protected

There is something about summer that makes people want to get away for a while.

Maybe it is a long-planned trip overseas, a week at the coast, or simply time spent away from home with family. But before you leave, it is worth pausing for a moment to consider how your family and property will be protected if something does not go according to plan.

Despite most people knowing that they should have a written Will, estate planning is often put on the back burner and thought of as something you will get around to “someday.” In reality, it is most valuable in the moments you are not expecting to use it at all, like when you are traveling and out of reach.

For families, one of the most important pieces of that planning starts with a Will.

A Will is not just about deciding who receives your property. It is also where you make one of the most important decisions a parent can make: who would raise your children if something happened to you. When combined with a Revocable Living Trust, you can also ensure that your children’s inheritance will be handled responsibly until they are old enough to manage it themselves. Without a Will, those decisions are left to the discretion of the court, and the outcome may not reflect what you would have chosen.

Revocable Living Trusts are also often used to avoid probate and simplify the transfer of money and assets. But signing a trust is only the beginning. For a trust to actually work, it must be funded, meaning your assets must be properly transferred into the trust either during your lifetime or upon your death via pre-established beneficiary designations and transfer on death deeds. That process takes time, and it is one of the reasons it is important to begin planning well before your travel dates, rather than trying to get everything in place at the last minute.

Beyond planning for what happens after death, estate planning also addresses what happens if you are incapacitated or simply unavailable to make decisions.

A Durable Power of Attorney allows someone you trust to step in and handle financial or legal matters on your behalf if you are unavailable or unable to do so. This can be as routine as paying bills or as significant as managing property or mineral interests. In more specific situations, a Limited Power of Attorney can be just as important. For example, if you have a home on the market and plan to be overseas for an extended period of time, a limited power can allow someone to sign a contract or handle closing so an opportunity is not lost while you are away.

Medical decisions are another area where preparation can save you and your family significant stress during an already difficult time. A Medical Power of Attorney allows you to designate someone you trust to make healthcare decisions on your behalf if you are unable to communicate your wishes. This can include decisions about treatment options, hospital care, and communication with doctors, all at a time when swift action may be critical. Without this document in place, your loved ones may face delays or even the need for court involvement before they are able to step in.

In addition to a Medical Power of Attorney, many people also choose to sign a Living Will, also known as an Advance Directive. This document allows you to clearly state your preferences regarding life-sustaining treatment in the event of a serious or terminal condition. It provides guidance on decisions such as whether you would want certain medical interventions continued in order to artificially prolong your life. This ensures that your wishes are honored and relieves your family from having to make those difficult decisions without your direction or input.

If you are leaving your children in the care of a family member or close friend while you travel, an Authorization Agreement for Non-parent Caregiver is also an important consideration. This document allows that trusted person to consent to medical treatment for your child if needed. Without it, even routine care such as a doctor’s visit or emergency treatment can become unnecessarily complicated.

There are many other important issues which people do not think about until it is too late. Take safe deposit boxes, for example. Many people store their original Will and other important documents there. But if no one else is authorized to access the box, your family may have to go to court just to gain permission to open it. This turns simply locating your Will into a legal process before the probate process even begins. If you do use a safe deposit box, it is important that someone you trust is also authorized on the account, has a key, and has completed the bank’s required paperwork to be allowed access. Otherwise, those documents may be far more difficult to access than intended.

Planning for these things takes time and thought. It is not something that should be rushed the week before a trip. You should be able to leave for your trip knowing that, if something unexpected happens, the people you trust are in place, your wishes are clear, and your family will not be left sorting through uncertainty. Active planning now provides peace of mind later.

If you are planning to travel this summer and want to make sure everything is in order before you go, now is the time to start. At Stephens Legacy Law, I help individuals and families put practical, effective plans in place so they can move forward with confidence, whether they are at home or away. Reach out today to schedule a consultation and make sure your plan is in place before you leave.