Why You Need an Advance Medical Directive Before Vacation
As the summer season rolls in and many of our clients turn our attention to long-awaited vacations, beach escapes, and bucket-list adventures, we’ve been asked again and again what documents are the ones that are absolutely critical before hopping on the plane or boarding the cruise ship. While we always recommend comprehensive estate planning for clients who need the full package of documents, this blog will focus on the critical Advance Medical Directive with a Living Will and HIPAA Waiver.
What Is an Advance Medical Directive/Living Will?
This crucial legal document outlines your wishes regarding medical care if you’re unable to communicate or advocate for yourself. The Living Will portion spells out what kind of life-sustaining treatment you want—or don't want—if you face a medical crisis. It also allows you to designate a trusted healthcare agent (and backup agents if the primary is unavailable) to make decisions on your behalf.
When you're far from home and family, especially abroad, having these instructions documented is essential. Emergency rooms move fast, and healthcare professionals rely on clear legal guidance. Without a directive, your loved ones may struggle to make critical decisions—or worse, be barred from doing so entirely.
The Often-Overlooked HIPAA Waiver
Naming a healthcare agent isn't enough. Due to privacy protections under HIPAA (the Health Insurance Portability and Accountability Act), your agent may be unable to access your medical records or speak with your doctors without explicit authorization.
This is where a HIPAA waiver comes in. It gives your chosen agent permission to view your medical information and communicate freely with healthcare providers. Without it, even a spouse or close family member might find themselves powerless at a moment that calls for quick, informed action.
Why It Matters More Before You Travel
A health emergency abroad or across the country can leave you isolated. Medical professionals might not know who to call or what your preferences are. By having both an Advance Medical Directive and a HIPAA release in place, you give yourself the best chance that:
Your healthcare wishes are honored—wherever you are.
The person you trust most can advocate for you without bureaucratic hurdles.
Your loved ones are spared confusion and distress during an already difficult time.
Make It Part of Your Travel Checklist
Just as you wouldn’t travel without insurance or a passport, don’t travel without your medical directives and without making sure your trusted agents have signed copies of the documents (or they at least know where they are in your home and can access them). If you’re interested in getting these documents out of the way, give us a call to schedule a free consultation. If it’s a once-in-a-lifetime trip, don’t spend time worrying about what might happen in a catastrophe. Get peace of mind by having your documents together – we can help at Wakefield Law! 703.771.9740