There are many factors to consider regarding estate planning for snowbirds. Here are some helpful hints to think about if you’re planning on residing in two different states.
Consider having powers of attorney and advance directives in both states for which you reside. Under Florida law, an “advance directive,” which includes a living will and designation of health care surrogate, is recognized as valid if it is executed in another state in compliance with the law of that state. Thus, a validly executed living will and health care power of attorney from another state will be recognized in Florida.
However, from a practical standpoint, Florida hospitals and medical providers are not familiar with any other states specific laws regarding living wills and health care power of attorneys, therefore, they may be hesitant to honor those documents without verifying their validity themselves. This could result in you not receiving much needed health care services while in Florida in a timely manner.
Thankfully, snowbirds can have advance directives in more than one state. Thus, to alleviate the risk of delayed health care while spending time in Florida, you should consider executing Florida advance directives, including a living will and designation of health care surrogate even if you have them in your home state already.
If you have any further estate planning questions, please contact us today!