By: Thomas Law Group On: February 19, 2015 In: Estate Planning Comments: 0

Planning for a trip always brings with it excitement and some anxiety. In addition to who is bringing in the mail, feeding the pets, and taking care of the children, have you considered how your children’s caretaker will be able to obtain any needed medical or dental care (planned or emergency) while you’re on vacation? Even in an age of smart phones and near instant ability to communicate, it may be that you will not always be readily accessible should a health concern arise; particularly if you are traveling outside of the country. Under Ohio law, only the custodial parents or court appointed legal guardians are authorized to consent to healthcare decisions for minor children unless the authorized person(s) have delegated this authority to another through a Power of Attorney. Such a Power of Attorney could be limited in scope or in duration to include only the time you will be away. We always recommend you taking the time to get these documents in order so that you (and the caretaker) know that your children are covered in your absence.

If your travels will include a significant time away from home, you may also want to consider having a Power of Attorney for your financial affairs. Such a Power of Attorney is generally referred to as a General Durable Power of Attorney and would authorize one or more trusted persons to act on your behalf in the event you are unable to do so, as would be the case if you were out of the country. Similar to a Power of Attorney regarding the care of your children, a General Durable Power of Attorney can be limited in scope or duration to fit your needs. Making sure that these documents are provided to the named individuals is important in the event they will be needed in your absence.

Planning for traveling often provides an opportunity for one to consider whether or not their current estate plan is up to date or, if they don’t have one, to consider getting one started. It is best to begin this process months in advance of a significant and/or lengthy trip.