Travel and estate planning

By Beth Newcomb

With the lifting of pandemic restrictions comes the long-awaited opportunity for many of us to hit the road. Whether it’s a one-tank trip or a more adventurous excursion to a different state or country, the need to be prepared for the unthinkable remains.

Jay Nabors, a Cleveland-based attorney who focuses on estate planning, recalls the story of a couple who decided to celebrate their anniversary in Hawaii. While there, the husband suffered a major heart attack and became incapacitated.

“He wasn’t able to make any decisions regarding his care and didn’t have his estate documents in place,” Jay says. “Without a power of attorney for healthcare and finances, his wife had to wait until they were transported back to Ohio, then file paperwork with probate court seeking her appointment to make decisions for him.”

And once probate becomes involved, the court stays involved, requiring regular updates on the status of the incapacitated individual. “She could have saved a lot of time, money and unnecessary stress if they would have had all of their estate documents in place,” Jay says. “Instead of having the luxury of focusing on his recovery, she had to keep updating the court on his progress.”

Jay says that before you plan to travel, it’s important to have a will, living will and both powers of attorney in place. “Should the need arise, these documents make it possible for the spouse to access funds to pay the bills,” he notes. “And healthcare decisions that align with the incapacitated person’s wishes can be made.”

Jay is a partner with Weston Hurd LLP. Typically he sees clients at the firm’s office in downtown Cleveland, in addition to meeting with clients in Strongsville upon request. Virtual meetings, house calls and select evening appointments are available.

To reach Jay Nabors of Weston Hurd LLP, call 216-687-3205. His office is at 1300 E. 9th Street, Suite 1400 in Cleveland. Jay can also meet clients at 11221 Pearl Road in Strongsville.