I’m Leaving on a Jet Plane

When this blog post goes live, I expect to be sitting with friends inside the Rod Laver Arena at the Australian Open in Melbourne, Australia, watching some of the world’s best tennis players in their third-round matches. As COVID-19 has thankfully become less of a crisis, post-pandemic travel has boomed. If you are considering embarking on an international adventure, what tips should you keep in mind from an estate planning perspective?

• Plan Ahead. Every estate planning attorney has received a call from a frantic client: “Hello! I’ll be traveling to Germany, Austria, and the Czech Republic. I leave in three days. Can you please update my Will for me, just in case?” Often, busy legal practitioners cannot accommodate these requests due to the lack of time. Most people do not purchase tickets to travel internationally three days before the trip. So why should the estate planning work be left until the last minute? If you are worried about anything potentially happening on your journey, I encourage you to work with an attorney to complete or update your estate planning documents. But please leave sufficient time, perhaps a few months rather than a few days, for the work to be completed. 

• Financial Management. When you are gone, will your bills still be paid? Do you have a plan in place to address all upcoming financial transactions during your absence? If not, you may wish to create or update a General Durable Power of Attorney to designate an agent who has authority to act on your behalf in a financial capacity while you are away.

• Health Care Management. What about health care? Many people are concerned about having an accident or an unexpected health incident while traveling outside the United States. How can that be addressed from an estate planning standpoint? Unfortunately, there are no guarantees that another country would honor a Durable Power of Attorney for Health Care Decisions or a Health Care Directive prepared under Washington law. Nonetheless, these documents may be relevant in your care because they are legal documents demonstrating your intent. These documents should be up to date, and you should be able to access copies of them while traveling. If you have specific concerns, it may also be advisable to contact a law firm in the country or countries you are visiting to ask whether your U.S. health-related legal documents will be sufficient or if something else should be prepared on your behalf.

Most importantly, enjoy your travels! If you need assistance as you prepare to leave on a jet plane (or on a cruise ship), we’d be happy to help.