Summer is the season when many Coachella Valley residents head out on the road trips, international flights, and family vacations they have been planning all year. It is also, predictably, one of the worst times for estate plans to be missing, outdated, or incomplete. The estate planning attorneys at SBEMP Attorneys LLP have seen too many cases where a medical emergency or unexpected death during travel revealed an estate plan that was years out of date, or did not exist at all. A pre-travel estate planning review is one of the most meaningful things you can do for your family before summer begins.
What Happens Without a Healthcare Directive During Travel
Consider a scenario: you are traveling internationally and experience a medical emergency requiring surgery or significant medical intervention. Without a valid healthcare directive (also called an advance directive or living will) and a designated healthcare agent, the decision-making authority about your medical care may fall to whoever is with you, or, in some jurisdictions, to the local medical system or court. Your wishes regarding specific treatments, resuscitation, or life support may be unknown or unenforceable.
A properly executed healthcare directive names a person you trust to make medical decisions on your behalf and specifies your wishes regarding medical treatment. It is one of the most important estate planning documents, and one of the most commonly missing or outdated.
Power of Attorney: Who Can Manage Your Affairs If You Cannot?
A durable financial power of attorney designates someone to manage your financial affairs if you become incapacitated. This is essential for travel: if you are hospitalized in a foreign country or otherwise unable to manage your finances, bills, investments, or banking, someone needs the legal authority to act on your behalf. Without this document, family members may be powerless to access accounts or manage obligations until a court appoints a conservator, a slow, expensive, and public process.
Is Your Trust Funded and Up to Date?
Many Coachella Valley residents have executed revocable living trusts but have not kept them current. Assets acquired since the trust was created may not be titled in the trust’s name, meaning those assets would pass through probate rather than directly to beneficiaries. A pre-travel review ensures:
- The trust reflects your current wishes regarding distribution and trustees
- Recently acquired assets (real estate, investment accounts, business interests) are properly titled in the trust
- Beneficiary designations on retirement accounts and life insurance are consistent with the overall plan
Updating for Life Changes
Summer often follows major life events: a wedding, a divorce, the birth of a grandchild, the death of a named beneficiary or trustee, or a significant asset change. Any of these events should trigger an estate plan review. SBEMP’s estate planning attorneys help clients identify which changes require document updates and make those updates efficiently.
International Travel: Special Considerations
Coachella Valley residents traveling internationally for the summer should ensure:
- A trusted family member or friend in the United States has copies of all estate planning documents and knows where originals are stored
- Your financial power of attorney agent knows they have been named and knows how to reach your attorney if needed
- Your healthcare agent knows your wishes and has a copy of your healthcare directive
- If traveling to a specific country for an extended period, consult with SBEMP about whether any local legal considerations affect your documents’ applicability
SBEMP provides estate planning services to residents throughout Palm Springs, Indian Wells, Rancho Mirage, Palm Desert, La Quinta, and the broader Coachella Valley. To schedule a pre-travel estate planning review, contact our attorneys today.
For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.
SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage, Indian Wells), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.
DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.