08/21/2025
What About the Children?

Paris for Our Anniversary? What a Surprise!

by Colin Smith | Contributor

Recently, while meeting with a client, he shared his exciting plans to take his wife to Paris for their wedding anniversary. After congratulating him—and mentally noting to consider a similar idea—I inquired about their two children. He mentioned that they would be staying with friends during their trip. As his attorney, he raised a critical question: with both parents traveling abroad, what measures were in place to ensure the kids would be protected in case of any travel delays? This prompted me to review their estate and prepare several important documents. Thankfully, my preparations proved useful, as they were in Paris during a recent tragic terror attack but returned home safely and on schedule.

International travel often brings worries about delays and security threats, but domestic travel can carry similar risks. Many of us remember our whereabouts during significant events like 9/11; I certainly do. Having flown to Washington D.C. on September 10, I was safe on the 11th but struggled to reach my wife until later that evening, unable to return home until the end of that week. Regardless of the destination, protecting children while traveling is crucial.

Beyond the 3 Ds: The Importance of Planning for Disappearance

Lawyers typically address three main concerns: Death, Disability, and Divorce. However, there’s another important consideration—Disappearance. What measures are in place when parents travel, leaving their children with relatives or friends? A comprehensive estate plan should include a document that designates a guardian for minor children in cases of incompetence, disappearance, or incapacity. While it’s standard for attorneys to include such provisions in a will—effectively covering situations where a parent has died—it may not account for other scenarios. Additionally, if children need medical attention while their parents are away, parents should appoint a Health Care Agent for them in their absence.

Reviewing Your Estate Plan Regularly

A thorough estate plan will also address related issues, ensuring that one spouse has access to financial assets while the other is unavailable or that someone else can step in during unexpected situations. It’s vital to review your estate plan every few years to confirm that all necessary aspects are covered. And gentlemen, if you’re struggling to find the perfect anniversary gift, your partner might appreciate a few delightful days with you in Paris.

For further insight on estate planning, reach out to Colin Smith at Colin.Smith@ColinSmithLaw.com.

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