On the Move? What to Do with Your Living Will and Healthcare POA After Moving To Another State

Relocating to a new state brings plenty of change, from finding a new home to setting up utilities

and updating your driver’s license. One important but often overlooked step is reviewing your legal documents. A common question is whether estate planning documents remain valid when moving across state lines. While most are still legally recognized, it’s important to update them so they fit your situation, needs, and future plans. This is especially true for advance directives. Reviewing your Living Will and Healthcare POA after moving ensures that these documents meet your new state’s laws and that medical providers will honor them when needed.

Are Your Advance Directives Valid in Another State?

Most estate planning documents, including a last will and testament, remain legally valid when you move to a new state. However, healthcare documents are different. Every state has laws governing living wills and healthcare powers of attorney, which can vary significantly. While an advance directive from one state may still be legally recognized in another, some hospitals, doctors, or emergency responders may hesitate to accept an unfamiliar document.

Tennessee, for example, has specific statutes governing healthcare powers of attorney and living wills. If you are moving into or out of Tennessee, your advance directive should be reviewed to ensure that it aligns with the new state’s legal language and requirements. This step helps avoid confusion during a medical emergency when decisions need to be made quickly.

Why Updating Your Living Will and Healthcare POA After Moving Matters

Even if your current documents are technically valid, updating them is a smart decision. A healthcare power of attorney names a trusted individual to make medical decisions on your behalf if you become incapacitated. A living will outlines your preferences for medical treatment in situations where you cannot speak for yourself. If these documents are not written in a way that aligns with your new state’s laws, healthcare providers may question their validity, causing unnecessary delays in medical care.

Medical providers are most familiar with the legal documents used in their own state. If your living will or healthcare POA looks different from what they typically see, they may hesitate to act on it, even if it is technically legal. Updating these documents after a move makes it easier for doctors and hospitals to follow your wishes without hesitation.

Your move may also impact who you have listed as your healthcare agent. If you previously appointed someone who lived nearby but is now several states away, choosing a new agent who can be physically present in a medical emergency may be a better option.

Legal Representation and State Licensing Considerations

Another often-overlooked factor is legal representation. If you worked with an attorney in your previous state, they may not be able to continue representing you after your move. Estate planning attorneys must be licensed in the state where their clients reside. If you have ongoing legal matters or need to update estate planning documents, you may need to establish a relationship with an attorney in your new state.

This is especially important for long-term planning. If your estate plan includes a healthcare POA, financial POA, or other legal agreements that require periodic updates, having a local attorney ensures that any necessary changes can be made without delay.

Plan Ahead for Peace of Mind

Updating your Living Will and Healthcare POA after moving ensures that your medical preferences are honored and that the right person can make decisions on your behalf if needed. It also eliminates the risk of delays or legal complications during a health crisis. Taking the time to update these documents after a move is a simple step that can make a significant difference when it matters most.

Johnson McGinnis Elder Care Law & Estate Planning helps individuals and families ensure that their legal documents are in order after a move. If you have recently relocated to Tennessee and want to review your estate plan, contact our team for guidance on making the necessary updates. Download our free resource guide on Considerations For Moving Across State Lines for everything that you need to consider before contacting the movers!