Planning a Parisian Getaway for Our Anniversary? What a Delight!
by Colin Smith | Contributor
During a recent meeting with a client, he shared his exciting plans to take his wife to Paris to celebrate their wedding anniversary. After offering my congratulations (and silently noting to steal this idea for my own celebration), I inquired about their two children. He mentioned that they would be staying with friends. As their attorney, he presented me with a crucial question: since both parents would be out of the country, were the kids adequately safeguarded in case of unexpected travel delays? I assessed their estate and drafted necessary documents. My assistance proved invaluable as they coincidentally occurred in Paris during the recent terror incident and fortunately returned home safely and on schedule.
Traveling internationally can raise concerns regarding complications and safety, but domestic trips can induce similar anxieties. We all recall our whereabouts on September 11. Personally, I had flown to Washington D.C. the day before. On that day, while I was unharmed, I couldn’t reach my wife until the evening, and I wasn’t able to return home until the week concluded. Regardless of the travel destination, prioritizing the protection of your children is essential.
Lawyers traditionally address the three D’s: Death, Disability, and Divorce. However, there’s another D to consider—disappearance. What transpires when we travel but leave our children behind with friends or relatives? An effective estate planning strategy should incorporate a provision that designates a guardian for a minor child if the parent becomes incapacitated, disappears, or is otherwise unavailable. Many attorneys include this guardian appointment clause within the will, which is suitable for cases of parental death, but may not extend to other scenarios. Additionally, if the children require medical attention while the parents are away, it’s wise to name a Health Care Agent for them during that time.
A comprehensive estate plan will also address related concerns, ensuring that one spouse retains access to financial resources if the other is unreachable or that someone else can step in during unforeseen situations. It’s advisable to revisit your estate plan every few years to ensure these aspects are adequately covered. And gentlemen, if you’re struggling to come up with the ideal anniversary present, perhaps a few romantic days in Paris with her will do the trick.
For more insights on estate planning, reach out to Colin Smith at Colin.Smith@ColinSmithLaw.com.
