Before the summer travel season ends, review the estate planning documents that could matter if you become ill, injured, unreachable, or unable to handle financial or medical decisions while you are away. A practical review should cover your will, power of attorney, health care proxy, any trust documents, beneficiary designations, and the location of important records.
Mahserjian & Mahserjian-Ortiz, PLLC assists individuals and families with estate planning in Saratoga, New York, and nearby areas from its Clifton Park office. Your review should confirm that the people you trust have the right legal authority, your documents still reflect your wishes, and key records can be found when needed.
A short review before a late-summer trip can reveal outdated names, missing backup decision-makers, beneficiary designations that need attention, or documents that no longer match your family, property, or financial circumstances.
Why Late-Summer Travel Is a Useful Estate Planning Reminder 
Travel can expose practical gaps in an estate plan. You may be several hours from home, a family member may need to reach your doctor, or an unexpected medical issue may require someone else to communicate with financial institutions or health care providers.
If you have been meaning to review your estate plan after a marriage, divorce, birth, death, home purchase, inheritance, move, business change, or shift in a trusted relationship, an upcoming trip gives you a practical deadline for addressing those questions.
For a broader overview of planning issues, see the firm’s estate planning lawyers page:
https://www.jeanmahserjian.com/estate-planning-lawyers/
Start With Your Will
New York has formal execution requirements for wills. Under Estates, Powers and Trusts Law Section 3-2.1, a will generally must be in writing, signed by the testator or by another person in the testator’s presence and at the testator’s direction, declared to the witnesses as the testator’s will, and attested by at least two witnesses within the statutory period.
Before traveling, review your current will for basic accuracy:
- Is the executor still someone you trust and who is able to serve?
- Is a backup executor named?
- Do guardian nominations for minor children still reflect your wishes?
- Have family relationships changed since the document was signed?
- Does the will address major property or business interests you now own?
- Do you know where the original signed will is stored?
If you do not have a will, or if your current will is outdated, the firm’s New York will guide provides related background:
https://www.jeanmahserjian.com/how-to-create-a-will-in-new-york-a-step-by-step-guide/
The staff is extremely friendly and knowledgeable. They truly care about their clients and walk you through the process every step of the way. I highly recommend Jean and here team for any legal needs.– Joseph B.
Was a real advocate for me while going through my divorce. Responded to emails and calls promptly and guided me through the entire process. Fair, responsive and frankly a light during a tough time.– Melissa W.
Review Your Power of Attorney Before You Leave
A power of attorney can be an important part of travel readiness because it may allow a trusted agent to handle financial and property matters during your lifetime. New York’s statutory power of attorney framework appears in General Obligations Law Article 5, Title 15.
The statutory framework can give an agent significant authority over financial and property matters. Authority relating to health care under a statutory short form power of attorney is limited to health care financial matters and does not authorize the agent to make health care decisions for you.
When reviewing a power of attorney, ask:
- Is the primary agent still the right person?
- Is a successor agent named?
- Does the document provide the authority you intend?
- Has the agent moved or changed contact information?
- Does your agent know that the document exists and where to obtain a copy?
- Have banks, financial advisers, or other institutions raised questions about the document?
The document should match your current goals, assets, and trusted decision-makers. The firm discusses this estate planning tool in more detail here:
https://www.jeanmahserjian.com/understanding-the-role-of-power-of-attorney-in-estate-planning/
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Confirm Your Health Care Proxy
A health care proxy addresses medical decision-making. It allows you to appoint a trusted person to make health care decisions if you lose the ability to make those decisions yourself. In New York, the agent’s authority begins when the required determination is made that you lack capacity to make your own health care decisions.
The New York Health Care Proxy form requires two adult witnesses. The person appointed as your agent or alternate agent cannot sign as a witness.
Before a trip, confirm that your health care agent:
- Is still willing to serve
- Has current contact information for you
- Understands your general health care wishes
- Knows where to find a copy of the proxy
- Can be reached while you are away
- Knows whom to contact if a medical emergency occurs
You may also want to give a copy to your regular physician and keep an accessible copy with your travel records. New York State recommends giving copies to your agent and health care providers and keeping a copy available for emergencies.
Travel Planning Reminder: Your documents are most useful when the right people know that they exist and can find them when needed.
Check Trusts and Beneficiary Designations
If you already have a trust, review more than the trust document itself. Consider whether assets that were meant to coordinate with the trust have been titled or designated as intended. A trust signed years ago may need review after later property purchases, new financial accounts, business changes, or changes involving beneficiaries.
For related information, see:
https://www.jeanmahserjian.com/importance-of-a-trust/
Beneficiary designations deserve a separate review because certain retirement accounts, life insurance policies, and other beneficiary-designated assets may pass according to the beneficiary designation rather than under the terms of a will.
Compare those designations with the rest of your estate plan. Confirm that names are current, contingent beneficiaries are addressed when appropriate, and major family changes have been considered.
Organize Access Without Carrying Every Original
Travel preparation should focus on access to estate planning documents rather than carrying every original with you. Originals can be lost, damaged, or stolen.
Make sure trusted people know where the originals are stored and how appropriate copies can be obtained when needed. Consider creating a secure estate planning contact sheet that identifies:
- Your attorney’s contact information
- The location of the original will
- Where powers of attorney and health care documents are stored
- Contact information for your executor, agents, trustees, and backup decision-makers
- Where insurance and beneficiary records can be found
- The location of key property and business records
- Instructions for accessing secure digital records
Keep passwords and highly sensitive account information protected. A document that tells a trusted person where information is stored can be useful without listing every password, credential, or account number.
Do Not Forget Children, Caregivers, and Travel Companions
If minor children are traveling with someone else or staying home with a relative or caregiver, your estate planning documents may not answer every practical question.
Ask an attorney whether separate medical, caregiver, or travel authorization documents are appropriate for your circumstances. Confirm emergency contacts, health insurance information, medication instructions, and how parents or guardians can be reached.
A will, power of attorney, or health care proxy should not be assumed to give a caregiver every authority that may be needed for a child.
What to Bring to an Estate Planning Review
You do not need a perfect file before meeting with an attorney. Gathering a focused set of records can make the conversation more productive.
Bring or gather:
- Your current will and any codicils
- Trust documents and amendments
- Power of attorney documents
- Health care proxy and related advance directives
- Recent beneficiary designation confirmations
- Real estate deeds
- Life insurance information
- Retirement account information
- Business ownership or succession documents
- A general list of major assets and debts
- Names and contact information for proposed decision-makers
- Notes about family, health, property, or financial changes
The firm also provides a general New York estate planning overview here:
https://www.jeanmahserjian.com/understanding-the-basics-of-estate-planning-in-new-york/
Use Travel as a Deadline, Not a Reason to Rush
Estate planning decisions deserve careful review. Avoid signing a document that you do not understand simply because a flight, road trip, or family visit is approaching.
If your trip is soon, focus first on identifying what you already have, what may be outdated, and which issues require legal attention. Some documents may need a full update. Others may still work as intended.
A review can help you identify which questions should be addressed before departure and which can be handled after you return.
Speak With a Saratoga Estate Planning Attorney
If late-summer travel has prompted you to review your will, power of attorney, health care proxy, trust, beneficiary designations, or access to key records, Mahserjian & Mahserjian-Ortiz, PLLC can help you evaluate what is current and what may need attention under New York law.
The firm serves clients in Saratoga, Clifton Park, Albany, and nearby areas. To request an appointment, call (518) 348-4232 or visit:
https://www.jeanmahserjian.com/contact-us/
This article is for general informational purposes only and is not legal advice. Every situation is different. Consult an attorney about your specific circumstances.