An advance health care directive, also known as a living will in some locations, is a very valuable estate planning document. It helps protect individuals from scenarios in which they might receive medical care that contradicts their personal wishes if they’re incapacitated. It also helps prevent conflicts among family members regarding the treatment they receive in these cases due to uncertainty about their medical wishes.
If an adult previously lived in another state, they may have already drafted an advance health care directive in that state. Can the documents drafted elsewhere protect a person during an incapacitating event in California?
California recognizes out-of-state documents
Many jurisdictions, including California, have adopted reciprocity statutes for advance directives. They acknowledge legal paperwork put in place in other jurisdictions, provided that those documents meet certain baseline requirements. A living will or advance medical directive drafted in accordance with the law in another state can guide the medical care and decision-making for a person who becomes incapacitated in California.
That being said, relying on documents drafted years ago in another state may not provide the best legal protection for people in challenging situations. It is typically advisable to revisit estate planning documents, including advance health care directives, drafted in another state after relocating.
Creating an advance health care directive that aligns with all of California’s state requirements can help people ensure that health care agents and medical providers make the right choices regarding their care. Those who have moved may want to update their documents, and those who have experienced major life changes may also require a thorough legal review for their protection.
