Follow
Share
Find Care & Housing
If the NEW POA is done in Georgia, and the person currently resides in Georgia, then the newest POA for Healthcare, done in the current state, will supercede the one that was done prior to the current on, and in another state where the person DID reside, but does no longer reside. A new Health Care directive states current wishes, no matter what previous wishes were, no matter what state they were made in. Certain States do not allow certain things that others may allow. So just get the advanced directive papers for the CURRENT STATE and fill them out. All other directives, written before this, will be no good. No matter their State.
Helpful Answer (0)
Reply to AlvaDeer
Report

Short answer, Yes.
Helpful Answer (1)
Reply to Isthisrealyreal
Report

Latrn, two separate documents for two different states would cause confusion as to which one takes precedence.  As Alva explained, POAs' dates of execution take precedence; typically when one is amended, the new document specifically revokes the earlier document.   That's the way I've seen it handled in estate planning firms for which I worked.

What I think you might consider doing is contacting either an estate planning or elder law attorney (after doing research and finding one with experience and knowledge in his/her field that reflects several years of practice), and ask that attorney to prepare one document for both states.   Do research though to find an attorney with whom you're comfortable.  If you need guidance on this and on finding qualified attorneys in this field, post again.

The attorney would either research the second state, or contact an attorney in that state and work together to produce a document valid in both states.

Or, if I misunderstood and the goal is to have the Georgia document take precedence, then a new document should be drawn up and the Maryland one specifically revoked in the new document.  That alleviates any confusion which one prevails.
Helpful Answer (1)
Reply to GardenArtist
Report

This support site is great for caregiving advice but when I comes to legal issues I often cringe at what people write. Consult an attorney regarding legal matters.
Helpful Answer (0)
Reply to MammaDrama
Report
AlvaDeer Aug 10, 2020
Advance directives are much more simple than POA for financial. They are passed out in hospitals typically now, with the hospital offering social workers to help with filling out according to patient wishes, and often volunteer notary publics coming in to witness them. They can be drawn off of the computer online, and can be state specific. My hospital, Kaiser , has them online to be drawn off by computer. They are very basic, and cover mostly what heroic measures a patient wishes to have. I would never suggest that a form for FINANCIAL POA be done alone online, but people do that as well; that I feel is work definitely for one's lawyer. But doctors can easily assist and guide with POLSTS (also state specific) and with advance directives. Over all I think the advice to see an attorney is good advice. And often the forum ends up out of bounds with personal experience (what drugs to take or not), when it is the perview of the patient's MD to advise on this. Overall I sure do agree with you.
(0)
Report
See 1 more reply
Power of Attorney for Health care goes according to the LATEST written. The state doesn't matter. It simply states the wishes of the person, and designated the person privvy to private medical information and to make decisions if the person cannot make his own.
That I know of there is no reason to make a new medical directive when one changes states, though there may be things one state has such as "right to die" in Oregon or California, that another doesn't. A Medical Directive doesn't often address this, but may.
When one changes states it is fine to check with a new doctor. But I think an advance directive states one's wishes wherever they reside.
Helpful Answer (0)
Reply to AlvaDeer
Report

I really don’t think that POAs are state specific. It’s a contract entered into between a person and their chosen representative asking the representative to act in their best interests in making decisions for them should they become unable to make them themselves. These contracts can be for medical or financial decisions or both. I know state laws are different and if the decisions are complicated or the POA has any questions about what to do, it is their responsibility to research the best and legal course of action
Helpful Answer (0)
Reply to Ahmijoy
Report
AlvaDeer Aug 10, 2020
Ahmijoy, I was just thinking of you today and wondering, thinking I haven't seen your name lately. Glad to see you. Perhaps I just didn't read carefully enough and you have been here all along.
(0)
Report
See 1 more reply
Ask a Question
Subscribe to
Our Newsletter