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Advanced directives and moving

If you have an advanced directive in place and are considering moving, be aware that different state laws could jeopardize what you have in place in your living will or directive. Advanced directives and living wills, including healthcare by proxy, are regulated on a state level, which means if you created your directive in one state and then relocated to another state, you may find your directive is not allowed, at all or in part. Therefore, you will always want to review or revise your advanced directive and will when moving in order to better ensure it conforms to state law.

For instance, some states, such as Idaho, do not require witnesses when you create an advanced directive or living will, whereas Florida requires at least two witnesses.

Alternatively, if you are moving to another state from Florida, laws could affect the living will you have in place. For instance, you may find that in numerous states if you are pregnant, your advanced directive is null and void. While you can have a health care proxy assigned in Massachusetts, there exists no provision for living wills.

If you have not looked into how your arranged estate plans conform to the state in which you plan to relocate or if you have moved to Florida, you may want to consult with an estate planning attorney within the state. He or she can determine what regulations were in place to initially create your directive and from there discern whether the directive will be upheld in your new state, should the need arise for it to go into affect.

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