State Laws Regarding Living Wills

Each state has its unique set of rules regarding Living Wills. Many states will accept an out-of-state Living Will as long as it follows the laws of the state where it was signed or the state’s own statutes. Out-of-state papers are only valid in many states if they are congruent with the legislation of the new state. Some states do not handle this issue at all. Even if your health care document, such as a Living Will, does not fully conform with the regulations of a specific state, a physician or other health care practitioner in that state may nonetheless regard the document as vital information about your preferences.

If you relocate to a new state, it is advised that you create a new Living Will. Even though your previous document is still legitimate in the new state, you may prevent difficulties by creating a new document that includes the vocabulary and words that the state prefers. Remember that new papers normally override old ones; for example, executing a new Living Will has the effect of canceling an earlier Living Will. If you reside in two states (for example, if you live in the south in the winter and the north in the summer), it is advised that you receive particular information regarding both states, maybe with the assistance of an estate planning attorney. In general, you should avoid having one document for one state and another for the other. Two separate forms might confuse your doctor, and the papers are unlikely to be similar. Another issue is that the most recent document you signed may have the effect of cancelling the previous one. The specific legislation of the two states involved can help you evaluate whether state’s paperwork is better for you, or if your case requires two agreements.