When selecting someone who lives outside of the country to be a decisionmaker in your estate plan, it is important to be aware of several practical considerations for each role:
Trustee:
- Communication: Time zone differences and communication barriers may impact the trustee's ability to perform their duties effectively.
- Travel: The trustee may need to travel to the country where the trust is administered, which can be time-consuming and costly.
Power of Attorney (POA):
- Accessibility: The POA may need to be physically present to perform certain tasks, such as signing documents or performing transactions.
- Authentication: Documents signed by an international POA may require additional authentication, such as an apostille or notarization, to be valid.
Medical Power of Attorney:
- Proximity: Being in a different country may hinder the ability to make timely medical decisions, especially in emergencies.
- Healthcare Systems: The decisionmaker may not be familiar with the local healthcare system and regulations, affecting their ability to navigate medical decisions.
- Communication: Effective communication with healthcare providers is crucial, and language barriers or time zone differences can be problematic.
Executor:
- Probate Process: The executor may face challenges in navigating the local probate process from abroad, including court appearances and managing estate assets.
- Documentation: Handling and filing necessary documents can be more complex and time-consuming when dealing with international legal systems.
- Travel: The executor may need to travel to the country to fulfill their duties, which can incur significant expenses and logistical issues.
Guardian:
- Legal Requirements:
- Court Approval: Guardianship appointments generally require court approval. The court will consider the best interests of the child, including the practicality and implications of appointing a guardian who lives abroad.
- Accessibility and Proximity:
- Travel: The guardian may need to travel frequently to and from Texas, especially in emergencies. Consider the logistical and financial implications of this travel.
- Communication: Effective communication between the guardian, the child, and relevant authorities in Texas is crucial. Time zone differences and language barriers should be considered.
- Immigration and Residency:
- Visas and Residency Permits: The guardian may need a visa or residency permit to stay in Texas long-term or visit frequently. Ensure the guardian can obtain the necessary immigration status to perform their duties.
- Long-term Residency: If the guardian needs to relocate permanently to Texas, consider the implications for their personal and professional life.