A person filling out a form for an advance healthcare directive in their state.
An advance directive for the state where you live may not be effective in another state. Some states have provisions that respect out-of-state directives as long as they conform to the requirements of the originating state. Others only honor directives complying with their own requirements. Checking and following specific requirements for states where you travel often or have a second home can help ensure that your healthcare preferences are followed as closely as possible. You may want to complete a valid directive for each state where you might need one.
A financial advisor could help you create estate and financial plans based on your healthcare needs.
What Is an Advance Healthcare Directive?
An advance healthcare directive is a legal document that outlines your preferences for medical care if you become unable to make decisions for yourself. It may also be referred to as a healthcare proxy or designation of health agent. This directive typically includes two main components: a living will and a durable power of attorney for healthcare.
The living will specifies the types of medical treatment you wish to receive or avoid under certain conditions, such as life support or resuscitation efforts. The durable power of attorney for healthcare , also known as a medical power of attorney, appoints a trusted individual to make healthcare decisions on your behalf, in line with your expressed wishes.
By preparing an advance healthcare directive, you provide clear instructions that can guide healthcare providers. Among other benefits, this can relieve family members from the burden of making difficult decisions if you become ill or injured and unable to make them yourself.
Without a valid directive, decisions about your health care or organ donor status may be made for you by a spouse, adult child, parent, sibling, other relative, close friend or even a court-appointed guardian. This person may not know what you want. Preparing an advance directive and discussing it with important people in your life increases the likelihood that your wishes will be followed.
Portability of Advance Healthcare Directives
Portability refers to the extent to which your advance healthcare directive is recognized and effective outside your home state. Different states have varying laws regarding healthcare directives, which can influence how your instructions are carried out when you receive medical care in another state.
For example, some states require specific forms or wording or they may have unique witness or notarization requirements. To facilitate the application of your directive across state lines, it’s helpful to review the laws of states where you frequently travel to or might relocate. This ensures that healthcare providers in different regions can adhere to your predetermined healthcare preferences with fewer complications.
The portability of an advance healthcare directive can vary from state to state. Some are flexible. Texas, for example, recognizes out-of-state advance healthcare directives without needing any modifications, as long as they comply with the originating state’s legal requirements. Florida also says an out-of-state directive completed in another state as required by that state’s laws can be honored in Florida.
This is not always the case. As another example, California’s advance healthcare directive includes a form that combines elements of a living will and a durable power of attorney. New York, however, does not recognize a combined form and requires separate forms: a health care proxy for appointing a decision-maker and a living will for specific treatment preferences.
Factors That Can Affect Portability
A senior getting information about the portability of her advance healthcare directive.
In addition to legal discrepancies, statutory updates can also play a pivotal role in portability. As states amend their healthcare laws, directives that were once compliant may need revisions to align with new legal standards. This is particularly relevant if you have not reviewed or updated your directives in several years.
Additionally, interpretation by healthcare providers can affect portability. Medical professionals in different states may have varying levels of familiarity with out-of-state directives, potentially leading to delays or hesitations in executing the specified wishes of the document.
Keep in mind these three considerations:
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Medical treatments: Certain treatments may be handled differently across state lines, especially in terms of life-sustaining procedures.
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Emergency situations: Not all states follow the same protocols for recognizing advance directives in emergency settings.
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Witness requirements: Some states require specific types of witnesses, which may not align with the requirements in your home state.
Revising Your Directive After Moving
When you relocate to a new state, prioritize revising your advance healthcare directive to meet local legal requirements. Engaging a local attorney who specializes in healthcare law can provide guidance and ensure that your revised directive fully complies with your new state’s regulations.
Additionally, updating your directive offers an opportunity to reassess your current medical preferences and make any necessary adjustments based on new circumstances or changes in your health status. It’s also a good practice to inform your healthcare proxy or the person designated to make decisions on your behalf about the move and any updates to the directive, so that they are prepared to act effectively under the legal frameworks of your new home state.
Portability for Frequent Travelers
If you travel frequently, you may want to carry a copy of your advance healthcare directive with you or ensure that a trusted individual has access to it in case of emergency. To increase security here, consider preparing a valid advance healthcare directive for every state you visit often.
Digital tools can make your directive more accessible. Some states have registries where you can store a copy, allowing healthcare providers quick digital access to your documents. National directories could also offer a way for your healthcare wishes to be followed, no matter where you are.
Bottom Line
A senior couple reviewing their advance healthcare directive.
Advance healthcare directives help make sure that your medical wishes are followed. Since laws vary by state, it’s important to know the rules where you live and in the states that you visit often. This will help prevent your preferences from being overlooked due to legal issues. Whether updating your directive after a move or making it accessible while traveling, a clear directive will support medical care across state lines.
Tips for Estate Planning
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