I just moved to Massachusetts from another state. I have a health care proxy that my lawyer in my old state made for me. Is that good enough, or should I do a new one? (Posted by Chuck12 on The Forum.)
Editor's Response:
Massachusetts General Laws Chapter 201D, Section 11 says: "Nothing in this chapter shall limit the enforceability of a health care proxy or similar instrument executed in another state or jurisdiction in compliance with the law of that state or jurisdiction . . ."
So, in theory, you should be fine. If I were in your shoes, however, I would execute a new proxy just to make sure it is in a form that local doctors and hospitals will recognize and be comfortable with. There may also be other reasons to execute a new proxy, such as the physical location of your Agent. If your spouse is your Agent you are probably all set, but who is your Alternate Agent if your wife is unavailable or sick and where does he or she live?
Give it some thought. Proxy forms for Massachusetts are available for free from many sources and are relatively easy to execute. Good luck.
For more information or to post a question, visit our Massachusetts Estate Planning Discussion Forum.
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