The information in this column is not intended as legal advice but to provide a general understanding of the law. Any readers with a legal problem, including those whose questions are addressed here, should consult an attorney for advice on their particular circumstances.
My good friend, Matt Crider, recently wrote an article on traveling with disabilities, and while Matt practices in California, I thought it was a great subject. So here it is. Traveling with disabilities can feel overwhelming, but with the right preparation, it can be an enjoyable and smooth experience. From researching accessible accommodations to ensuring medical needs are met, careful planning makes all the difference. However, there’s another important aspect that many overlook—estate planning. Having essential legal documents in place can protect you and your loved ones in case of emergencies while traveling.
Here are three key tips to help ensure a stress-free trip while also keeping your future secure.
Tip 1: Consult with Your Physician and Plan for Emergencies
Before traveling, meet with your doctor to discuss your itinerary and any special medical needs. Your physician can provide:
A medical statement outlining your condition and necessary accommodations.
Extra prescriptions in case of delays or lost medication.
Advice on finding medical care at your destination.
Keep your doctor’s contact information readily available, and carry extra medication in your carry-on bag. Also, research local healthcare facilities in case of an emergency.
While preparing for medical emergencies, consider having a durable power of attorney for healthcare and an advanced healthcare directive. These estate planning documents allow a trusted person to make medical decisions on your behalf if you’re unable to do so while traveling.
Tip 2: Know Your Rights When Traveling with Disabilities
Understanding your rights ensures a smoother travel experience. The Air Carrier Access Act (ACAA) and the Americans with Disabilities Act (ADA) protect travelers with disabilities, ensuring accessibility in transportation and accommodations. However, not all travel industry employees are familiar with these laws, so it’s essential to research and advocate for yourself.
For air travel, the Transportation Security Administration (TSA) has procedures for travelers with medical conditions, including screening accommodations. Learn about these policies in advance to avoid unnecessary stress at security checkpoints.
If you’re traveling with a caregiver or companion, make sure they have legal authority to assist you if needed. Having a financial power of attorney allows them to manage financial matters in case of an unexpected delay or emergency while you’re away.
Tip 3: Plan Ahead for Accessibility and Peace of Mind
Planning ahead is crucial for any traveler, but even more so for those with disabilities. If possible, book direct flights to avoid unnecessary stress from connections. Arrange wheelchair assistance and accessible transportation well in advance. If staying at hotels, call ahead to confirm accessibility features, as online information isn’t always accurate.
Additionally, when traveling abroad, understand the medical and legal systems of your destination. Some countries have different rules regarding medical care, insurance, and legal authority for decision-making.
Unexpected situations can also arise at any time. Having an updated estate plan ensures that your financial and medical wishes are honored, no matter where you are. A will or trust can safeguard your assets and provide instructions for your loved ones in case of an emergency.
Travel with Confidence and Security
Traveling with disabilities requires extra preparation, but it shouldn’t stop you from exploring the world. With careful research, a well-thought-out itinerary, and legal safeguards like estate planning, you can travel with peace of mind, knowing you’re fully protected.
Before your next trip, take time to review your estate plan. It’s not just about preparing for travel—it’s about protecting your future.
If you would like to plan ahead and have one or all of the instruments discussed in this column prepared, be aware that Texas law places certain requirements in the form of the documents discussed. As recently as September 2017, the recommended requirements have been updated. Therefore, you should consult an attorney who is focused on this area of law and has experience with what is required to ensure your agent can use these documents when the time comes.
If you had any of these documents prepared for you in the past or while you resided in a different state, you should have a Texas attorney review them to make sure they comply with current Texas law.
Sam A. Moak is an attorney with the Huntsville law firm of Moak & Moak, P.C. He is licensed to practice in all fields of law by the Supreme Court of Texas, is a Member of the State Bar College and is a member of the Real Estate, Probate and Trust Law Section of the State Bar of Texas. www.moakandmoak.com
