Summer is the season of long weekends, family road trips, and well-deserved vacations. But before you pack your bags and set that out-of-office reply, take a few minutes to ask yourself: If something unexpected happened while I’m away, would my family know what to do?

Creating or updating your estate plan before a trip isn’t just smart — it’s one of the most thoughtful things you can do for your loved ones. Whether you’re heading across the country or across the state, these legal essentials will protect your family and give you peace of mind while you travel.

1. Last Will and Testament or Revocable Living Trust

If you have assets or minor children, you need a valid will or trust. A will allows you to name who receives your property and who becomes guardian of your minor children if something happens to you.

In Tennessee, a valid will must:

• Be in writing
• Be signed by the testator (you)
• Be witnessed by two disinterested individuals

A revocable living trust is also a great option for families who want to avoid probate and provide smoother access to assets if a tragedy occurs while traveling. A trust allows your appointed trustee to step in and manage what you own without court intervention.

2. Durable Power of Attorney

If you become incapacitated during your trip — due to illness, accident, or injury — someone needs legal authority to manage your finances, pay your bills, and handle urgent matters.

In Tennessee, a Durable Power of Attorney lets you name a trusted person to act on your behalf. You can make this document effective immediately or only upon incapacity. Either way, it ensures someone can step in without court involvement.

Without it, your family may have to pursue a conservatorship — a court process that can take weeks or months, even in an emergency.

3. Advance Directive for Health Care

Medical emergencies can happen anywhere, and hospitals won’t assume your spouse or adult child has the right to make decisions for you. That’s why Tennessee law provides a combined Advance Directive for Health Care, which includes:

• A Living Will (what kinds of care you want or don’t want)
• A Health Care Agent designation (someone you trust to speak for you if you can’t)

This form also includes HIPAA release language, which allows doctors and hospitals to speak with your agent.

Make sure your designated agent has a copy before you travel.

4. Guardianship Nomination for Minor Children

If you’re a parent of young children and something happens to you while you’re away, someone must care for them. Without legal documentation, the court decides who steps in — and that may not be who you would have chosen.

You can nominate a guardian in your will or in a separate document. While the court must approve the appointment, judges give strong consideration to the person you name, especially when the nomination is clearly documented.

5. Emergency Information Folder

Make sure your key documents are easy to find and share. Before you leave:

• Print and organize your will, trust, power of attorney, and healthcare directive
• Give digital access to your spouse or trusted family members
• Include contact info for your estate planning attorney and doctor

Travel is exciting. Planning gives you the freedom to enjoy it fully — because you know the people you love will have clear instructions and legal tools if something unexpected happens.

Ready to Travel Confidently?

Before you head off for summer adventures, schedule a legal check-in. A short conversation can save your family confusion, stress, and court delays — and give you the peace of mind to truly relax.

📞 Contact our office to get your legal travel essentials in place today.