Do I Need to Update My Health Care Proxy if My Agent Moves Out of State?
Question:
Do I need to execute a new health care proxy if my named agents have moved since the document was signed in 2011?
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Response:
No. The purpose of including addresses in legal documents is for purposes of identity only. They are still valid even if the person named moves.
On the other hand, if you rather than your agent move to a new state, you should execute a new health care directive, since each state has its own laws and forms. Also, you may want to execute a new document just because your current one is getting old. Your current health care proxy won’t expire; it’s just that some institutions on the receiving end may be more likely to honor a newer document — this is what I call the “staleness” doctrine. That said, I’ve seen this happen much more with durable powers of attorney than with health care proxies.
Finally, while your document is still valid, you may want to consider whether it would make more sense to appoint an agent who lives closer to you and may be more available if you were to need assistance.
Related Articles:
If I Spend My Winters in Florida Should I have Separate Florida Estate Planning Documents?
Should My Advance Directive be Part of My Health Care Proxy or a Separate Document?
Why Are There So Many Different Kinds of Health Care Directive?
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