Will Your Advance Directives Be Honored in Other States?

For those who split their time between different states or relocate altogether, it is important to consider the ramifications that may have on your Advance Directives and Health Care Power of Attorney documents. Advance directives give instructions on the kind of medical care you would like to receive should you become incapacitated and not able to communicate your wishes. The Health Care Power of Attorney designates an agent to carry out those wishes.

Each state law has its own requirements for the validity of both of these documents. Some require one witness signature while others require more than one. The best way to address this issue is to make a list of the states you frequent –

  • Places where you own real estate.
  • States where your children/grandchildren reside that you visit.

Share this list with your estate planning attorney so that your Advance Directives and Health Care Power of Attorney comply with the requirements of all the states on your list. You cannot predict where you will need medical attention; however, if you know you tend to travel to these other states, you can take these preventative measures during the estate planning process to ensure your wishes are honored regardless of where you end up receiving treatment.

If you need to draft or revise Advance Directives or a Health Care Power of Attorney, contact Stouffer Legal at 443-470-3599 in the Greater Baltimore area.