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Vacation Ready: The Legal Essentials for a Worry-Free Getaway

Summer is in full swing and it’s about that time where everyone heads off to vacation before the kids go back to school.

The annual family summer vacay is the one week we look forward to all year as our time to relax, unwind, and create life-long memories with our loved ones. Before setting off on your latest summer adventure, there’s a lot to arrange and take care of, but it’s essential to ensure that your affairs are in order, so that you don’t have to worry about the what ifs while you’re away.

A few weeks ago, a good friend of mine called me and told me that he was heading out of town with his wife and wanted to make sure things were taken care of while they’d be away from their three kids. Within a week, my good friends were in my office signing their base level planning documents to ensure their kids would be protected, just in case the unthinkable became reality. Now, as I told my friend, a week is not an ample amount of time to get a formal and well-thought-out customized estate plan in place, but it just goes to show you that it only took a few simple e-mails and a meeting to get their foundational documents in place to protect their family. So, if you can’t imagine doing one more thing before you take some much-needed time away – Don’t worry!  As your Personal Family Lawyer®, I’m here to guide you through these important tasks, so you can enjoy your vacation worry-free. Plus, these steps only take a little time to complete and can provide you with peace of mind knowing that you have made proper arrangements if the unexpected happens to you or your family while you’re away.

So, let’s dive in! (No pun intended!)

1.    Create Powers of Attorney

Whether you’re traveling overseas or just a few hours away, it’s crucial to have Powers of Attorney in place – both health care and financial – before you take-off.

A Healthcare Power of Attorney designates someone you trust (and a few back-ups) to make medical decisions on your behalf if you become incapacitated. While no one expects to get seriously injured or become incapacitated, a slip on the diving board, boating accident, or a parasite caught from local cuisine can happen.

Correspondingly, a Financial Power of Attorney empowers someone you trust to manage your money and financial affairs, when you can’t.  In this legal document, you can give someone the authority to access your accounts, manage your investments or pay your bills while you’re gone, or it can merely be a safety net just in case something happens to you, or you can’t be reached while traveling.

By getting these simple and straightforward documents in place, you can ensure that no matter what hiccups you run into on your travels, your healthcare wishes will be respected and your financial affairs will be handled according to your instructions, even when you’re away.

 

2.    Nominate Long-Term Guardians for Your Kids

As a parent, naming a Permanent Guardian for your children is one of the most important (and most difficult) decisions you can make. While it’s naturally a tough issue to work through, designating a Legal Guardian for your kids ensures that they will be cared for by someone you trust if the unexpected happens while you’re on vacation.

It’s a good idea to take a little time to choose someone who your children know and love, who shares your values, parenting style, and is willing to take on the responsibility. However difficult it may be to narrow down your list and make a final selection, my advice is to trust your gut and follow your instincts. Anyone you trust to raise your kids is a much better choice than leaving the decision up to a judge who doesn’t know you or your family.

By documenting your kids’ Guardian, you make sure your children will be cared for by someone who knows and loves them if the unthinkable happens.  And don’t stress over it, you’re not permanently locked in and can always update your choice as time goes on.

3.    Designate Short-Term Guardians for Your Kids

In addition to naming Long-Term Legal Guardians, it’s crucial to also appoint Short-Term Legal Guardians for your children. I always tell my clients that it’s important to name several people who your kids’ know, like and trust, who can get to them within 30 minutes in an emergency.  Especially if any of their Long-Term Guardians live far away, travel often or just in case they can’t be reached immediately if an emergency strikes. 

In order to create a system of checks and balances, you can give multiple people the authority to be your child’s Short-Term Guardian, including relatives, neighbors, or nannies. When planning a vacation, it’s a good idea to name any adults who your child will be staying with while traveling with you or if they’re staying home. That way, if something happens, they will have the legal authority to care for your kids in the eyes of the police, social services, doctors and school personnel.

For example, if your child is spending the week at their grandparents’ house, with their friends’ family or sitters, you should name them as Short-Term Guardians and give them medical Power of Attorney for your minor child. If your child is traveling with you, naming any adult travel companions as Short-Term Guardians is a wise choice, just in case something happens to you and/or your child while on your trip.

If you name anyone, discuss it with them and give them a copy of the Short-Term Guardian Nomination, so they know they’ve been selected and how you want them to handle their role and responsibilities. By establishing Short-Term Guardians and Medical POAs, you can ensure that your children are well-cared for in the event of an emergency.

 

4.   Tell the People You Trust About Your Plans

Last but not least, make sure that the people you’ve chosen know about your travel plans and the preparations you’ve made, including where you’ll be staying and how to get in contact with you.

Let them know about any legal documents you’ve put in place, and how to access them if needed. Share this information with your chosen Guardians, family members and close friends. By keeping everyone in the loop, you can ensure that your wishes are known and that your loved ones can act swiftly and effectively in case of an emergency.

You should also provide your loved ones with my contact information in case they need copies of your Powers of Attorney or kids’ Guardianship documents, just in case we need to deliver them digitally in an emergency.



 

Estate Planning for The Life (And Vacation) You Deserve

As you pack your bags and prepare for your vacation, don’t overlook the importance of handling your affairs. Taking the time to create Powers of Attorney, Long-Term and Short-Term Legal Guardians for your children, and communicating your plans to your loved ones can provide you with peace of mind and save your family incredible financial and emotional costs if there’s an emergency while you’re away.

To ensure that these documents are prepared correctly and in accordance with your state’s laws, I encourage you to contact our office and get some help, or a referral to a trusted colleague in your state who is also a Personal Family Lawyer®.  At our office, we start by guiding all of our clients through a unique process we call the Family Wealth & Legacy Strategy Session. During the Session, we get to know you and your family on a personal level and review exactly what you own and who you love to make sure everything and everyone is protected and cared for in the best way possible when you pass away or if you become incapacitated.

And if we find that things wouldn’t go the way you wanted if something happened to you, we can help you create a custom estate plan that leaves no rock unturned.

Don’t let the joy of vacation be overshadowed by worry about the “what ifs.” Contact our office today for a free 15-minute call to learn more.

This article is a service of Family Wealth & Legacy Legal Solutions (FWLLS). We do not just draft documents; we ensure you make educated, informed and empowered decisions for yourself and the people you love. That’s why we offer a Family Wealth & Legacy Strategy Session™, during which you will get educated and begin to prepare to avoid life’s most common legal problems and get a plan in place to make the best possible choices for the people you love. You can begin by calling our office today to schedule a Family Wealth & Legacy Strategy Session and mention this article to find out how to get this $750 session at a significantly discounted rate, or even for free.

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