Preserve Your Legacy

Estate Planning | Elder Law | Special Needs Planning

WHY MOVING MAY REQUIRE YOU TO MAKE A NEW LIVING WILL

WHY MOVING MAY REQUIRE YOU TO MAKE A NEW LIVING WILL

State Requirements: Each state has its own set of rules about how a living will must be written. They also have different rules about how they are used and who can create them. While some living wills made in one state will be enforceable in another, this isn’t always true. It’s important that if you move, you talk to a lawyer in your area and create a new living will that complies with the laws of your new state.

State Restrictions: Even though the vast majority of states allow for living wills, there are a small number that do not recognize them at all. If you move to one of these states you’ll have to enact other advance directives that will enable you to ensure your health care decisions are honored. States may also place different limits on when you can use a living will that other states may not have.

Other Directives: A living will is not a substitute for other types of health care directives, so even if you move and create a living will, you may also have to create a health care proxy. Living wills are great for putting your choices in writing, but in your health care proxy you designate an agent who will stand in for you and make the decisions you cannot, communicate directly with your doctors, ask questions, review your medical records and take other actions that your living will cannot.