Is a POA and Health Care Proxy Good in Any State?

What If I Travel Outside the Country?

Whether your POA and HCP will be honored outside of the country is unpredictable. If you have pre-existing medical conditions and you will be in another country for an extended period, you may want to consult the equivalent to an estate planning attorney in that country.

What If I Spend Long Periods of Time in Another State?

If you’re a “snowbird” or plan to spend periods of time in other states, you may want to meet with a local attorney and invest in a POA and HCP specific to that state. Each state has different laws and different terminology within its legal documents. While your New York estate planning is valid in other states, the ease of use in other states may not be the same. If you use a New York POA or HCP in another state, the format and contents are likely different to what locals are accustomed to.

If you’re in an out-of-state accident and someone needs to make medical decisions for you, you don’t want medical professionals scrambling to determine who should be contacted. If you need to pay bills or apply for Medicaid in another state because that is where you were injured or had a medical event, you want your agents to be able to act wherever you might be.

What if I Travel Frequently, But Not Always to the Same State?

If you do not frequent another state enough to execute documents specific to that state, you may want to consider putting your POA on file at your bank in advance of travel, so your agents will be authorized to transact on your behalf if something happens while you are out of state. If you have pre-existing medical conditions, you may want to travel with a copy of your HCP and let someone know where it can be located.

Need Clarity? Talk to an Estate Planning Lawyer

POA and HCP documents are extremely powerful tools for your physical and financial wellbeing. Everyone’s situation is different, so it’s important to speak to an experienced estate planning attorney about your specific circumstances, so they can guide you appropriately.

By Erin Cullen, Esq. and Melissa Doris, Esq.