Traveling This Summer? Make Sure Your Estate Plan Travels With You
Summer is here, and for many Florida families, that means vacation season. Road trips to theme parks. Beach getaways. Cruises. International adventures.
But before you pack your bags, there’s one question worth asking: If something happened while you were away, would your family be prepared?
No one wants to think about emergencies while planning a vacation. But accidents, illnesses, and unexpected events don’t check your travel itinerary. And being far from home—especially in another country can make a difficult situation even more complicated.
The good news is that a little preparation goes a long way. Here’s your pre-vacation estate planning checklist.
Before You Leave: The Essentials
1. Make Sure These Exist (and Are Current)
At minimum, every adult should have:
• A Durable Power of Attorney: so someone can manage your finances if you’re incapacitated
• A Health Care Surrogate Designation: so someone can make medical decisions for you
• A Living Will: documenting your end-of-life preferences
• A HIPAA Authorization: allowing your designated loved ones to access your medical information
• A Last Will and Testament (or Trust): directing how your assets should be distributed
If your documents are more than five years old, were created in another state, or don’t reflect your current wishes, now is the time to update them before you leave.
2. Make Sure Someone Knows Where Your Documents Are
It doesn’t matter if you have perfect estate planning documents if no one can find them in an emergency. Before you travel:
• Tell your designated agents (Power of Attorney, Health Care Surrogate) where your original documents are stored
• Consider giving them copies to keep
• Make sure they know how to reach you while you’re traveling
• Provide emergency contact information for where you’ll be staying
3. Review Your Beneficiary Designations
While you’re thinking about planning, take a few minutes to review the beneficiary designations on your:
• Life insurance policies
• Retirement accounts (401k, IRA)
• Bank accounts with payable-on-death designations
• Investment accounts
These designations override your will. If they’re outdated (naming an ex-spouse, for example), now is the time to fix them.
4. If You Have Minor Children: Confirm Your Guardian Designations
If you’re traveling without your children, make sure you’ve:
• Named a guardian in your will that matches with your Pre-Need Guardian Designation
• Left a written authorization for the person caring for your children to make medical decisions in your absence
• Provided caregivers with your children’s health insurance information and any relevant medical history
If you’re traveling with your children, consider leaving copies of guardianship designations with a trusted family member at home just in case.
Special Considerations for International Travel
Traveling outside the United States adds another layer of complexity. Here’s what you should know:
Your Documents May Not Be Recognized Abroad
A Florida Health Care Surrogate Designation gives your agent authority under Florida law—but a hospital in France or Mexico may not recognize it. While U.S. documents are often honored as evidence of your wishes, there’s no guarantee.
To improve your chances:
• Carry copies of your healthcare documents with you
• Consider having key documents translated into the local language if you’re visiting a non-English-speaking country
• Check if your destination country has specific forms or requirements for foreign visitors
Know Your Embassy and Consulate Information
If a U.S. citizen dies abroad, the nearest U.S. embassy or consulate can help coordinate with local authorities, assist with transporting remains, and connect family members with local resources. Before you travel:
• Enroll in the State Department’s Smart Traveler Enrollment Program (STEP)
• Save the contact information for the U.S. embassy or consulate at your destination
• Make sure your emergency contacts at home know how to reach the embassy
Medical Evacuation and Travel Insurance
If you’re seriously injured or become ill abroad, getting back to the U.S. for treatment can be complicated and expensive. Standard health insurance often doesn’t cover international medical evacuation.
Consider travel insurance that includes:
• Emergency medical coverage
• Medical evacuation
• Repatriation of remains
This isn’t estate planning per se, but it’s an important part of protecting your family from catastrophic costs.
A Note About Cruises
Cruises present unique legal challenges. Once you’re in international waters, you’re subject to maritime law and potentially the laws of the ship’s country of registration. Medical facilities on cruise ships are limited, and serious emergencies often require evacuation to the nearest port—which may be in a foreign country.
If you’re cruising:
• Make sure your documents are easily accessible (not locked in a safe at home)
• Carry copies with you
• Consider cruise-specific travel insurance
• Know the cruise line’s policies for medical emergencies
Your Pre-Travel Estate Planning Checklist
Before you leave for your next trip, make sure you can check off each of these:
☐ I have a current Durable Power of Attorney
☐ I have a current Health Care Surrogate Designation
☐ I have a current Living Will
☐ I have a current HIPAA Authorization
☐ I have a current Will or Trust
☐ My designated agents know where my documents are stored
☐ My designated agents know how to reach me while traveling
☐ My beneficiary designations are up to date
☐ If I have minor children, guardians are named and caregivers are authorized
☐ For international travel: I have copies of my documents with me
☐ For international travel: I have travel insurance with medical evacuation coverage
☐ For international travel: I’ve enrolled in STEP and saved embassy contact information
Travel With Peace of Mind
At The Law Offices of Mark F. Moss, we help Florida families create comprehensive life plans that work whether you’re at home or halfway around the world. If you need to create or update your documents before your next trip, we can help.
Don’t let vacation planning remind you of what you haven’t done. Take care of it now, and then enjoy your trip—knowing your family is protected.
Contact us at 904-329-7242 or visit markmosslaw.com to schedule a consultation.
Disclaimer: Reading this blog post does not create an attorney-client relationship and is not legal or tax advice. This is for informational purposes only. It is best to speak with an attorney or tax professional about your specific situation, questions, assets, concerns, and needs.