Q: I will be traveling this holiday season and then staying in Florida for the winter. If something happens to me while I am out of state, can my power of attorney and health care proxy that I created in New York be used anywhere?
A: If you are outside of New York and need someone to make financial and/or medical decisions for you, your Durable Power of Attorney (POA) and Health Care Proxy (HCP), which are tailored to New York law, are generally still valid in other states.
Whether your POA and HCP will be honored outside of the country is less predictable. If you have pre-existing medical conditions and will be in another country for an extended period of time, you may want to consult with an estate planning attorney—or the equivalent professional—in that country.
If you are a “snowbird” or plan to spend extended periods of time in another state, you may wish to meet with a local attorney and execute a POA and HCP specific to that state. Each state has different laws and terminology within its legal documents. While your New York estate planning documents are valid in other states, the ease of use may vary. The format and content of a New York POA or HCP may differ from what local institutions and professionals are accustomed to seeing.
If you are involved in an out-of-state accident and someone needs to make medical decisions on your behalf, you do not want medical professionals scrambling to determine who should be contacted. Similarly, if bills need to be paid or Medicaid must be applied for in another state due to an injury or medical event, you want your agents to be able to act without delay.
If you do not spend enough time in another state to justify executing state-specific documents, you may want to place your POA on file with your bank before traveling so your agent is authorized to act if necessary. If you have pre-existing medical conditions, consider traveling with a copy of your HCP and informing a trusted person where it can be found.
POA and HCP documents are powerful tools for protecting both your physical and financial well-being. Because every situation is different, it is important to consult with an experienced estate planning attorney who can guide you based on your specific circumstances.
By Erin Cullen, Esq. and Melissa Doris, Esq.
Erin Cullen, Esq. is an associate attorney at Burner Prudenti Law, P.C., focusing her practice on Trusts and Estates. Melissa Doris, Esq. is a partner at Burner Prudenti Law, P.C., also focusing her practice on Trusts and Estates. Burner Prudenti Law, P.C. serves clients from New York City to the East End of Long Island, with offices in East Setauket, Westhampton Beach, Manhattan, and East Hampton.