There are many different events that should trigger a review of your end-of-life documents, including moving from one state to another. Each state is allowed to make its own laws regarding powers of attorney, health care proxies, and rights to inherited property. While these statues may be similar, there may be slight differences that could cause legal disputes down the road.
Documents to Update After a Move to New York
All of your estate planning and life care planning documents should be reviewed at regular intervals to make sure the designations still reflect your wishes. Even if you made a comprehensive plan in another state, it’s still your responsibility to ensure that certain documents conform to New York State law, including:
- Advance directives. These documents allow you to make provisions for future health care decisions if you are unable to make vital decisions for yourself. New York State has three types of advance directives: a health care proxy (which allows you to appoint someone you trust to make health care decisions for you), a living will (which allows you to leave written instructions that explain your wishes for end-of-life care), and a Do Not Resuscitate Order (a medical order from a doctor forbidding health care providers from performing lifesaving emergency procedures if your heart or breathing stops).
- MOLST forms. New York has created one form called Medical Orders for Life-Sustaining Treatment (MOLST) for doctors to record a patient’s preferences for CPR, mechanical intervention, and other life-sustaining treatments. To be valid, it must be filled out by a health care professional and signed by a New York State licensed physician.
- Power of attorney (POA). This document allows you to appoint a trusted person to act on your behalf. A financial POA allows your agent the power to pay your bills and handle business decisions, while a medical power of attorney gives the agent control over your health care.
An outdated or invalid life care plan may be no better than having no plan at all. The elder law attorneys at Landskind & Ricaforte Law Group, P.C. can help you ensure that your plan is up-to-date and takes advantage of relevant New York laws. Simply contact us today through our online form to get started.