VALIDITY OF OUT-OF-STATE LIVING WILLS
As a result of the Terri Schiavo case, we are receiving a number of inquiries concerning the validity of out-of-state Living Wills. Florida Statutes §765.112 provides that an Advance Directive executed in another state in compliance with the law of that state or of the state of Florida is validly executed. An Advance Directive is defined as a witnessed written document or oral statement in which instructions are given by a principal or in which the principal's desires are expressed concerning any aspect of the principal's health care, and includes, but is not limited to, the designation of a health care surrogate, a living will, or an anatomical gift.
Although your out-of-state Advanced Directive may be valid in Florida, it is a good idea to have your Advance Directive, Living Will or Health Care Power of Attorney reviewed by your estate planning attorney upon relocating from a different state. An Advanced Directive executed years ago may not reflect your current wishes. In addition, Florida's laws may provide more options with respect to the contents of an Advanced Directive than the laws of your old state of residence. Finally, medical professionals in the state of Florida are accustomed to dealing with Florida Advanced Directives and may be more hesitant or cautious when presented with an out-of-state Advance Directive.
If you are leaving the state of Florida, you should have an estate planning attorney in your new state of residency review your Advanced Directive and other estate planning documents to ensure that they will be valid in your new state of residency.
John M. Compton practices primarily in the areas of taxation and business planning, including tax planning, tax controversies, and the representation of taxpayers before the Internal Revenue Service. He also handles estate planning and probate, and matters relating to corporate and business law and transactions.