I’m a Snowbird Who Lives Part-Time in Another State. Will My Power of Attorney and Healthcare Directive Still Work During Quarantine?

Shelter in place and quarantine orders are the rule of the day with the coronavirus outbreak. Many of these executive orders came while snowbirds and retirees were staying in their second homes, and now they are likely stuck there for a little longer than they originally planned.

From a legal standpoint, many snowbirds are now wondering whether their designation documents, such as a Powers of Attorney and Living Wills/Healthcare Directives, are valid in states other than where they were originally drafted.

The answer, like most things in life, is that it depends. Estate planning documents are generally based on state laws. While it’s possible that your documents are compatible with the laws in more than one state, it’s still important to have them reviewed for your security and peace of mind.

When we meet with clients who split their time between California and another state, we first determine which state is their primary residence—this is usually the state under whose laws the Will and Trust will be interpreted. If more than one state is involved, we sometimes have to work with another attorney in that state to ensure that the documents will work properly both here and there.

We do, however, caution people about creating separate Powers of Attorney or Healthcare Directives for each state where they reside. This action may invalidate one or both of your sets of documents and add confusion for your loved ones, financial advisors, and healthcare providers. Again, when in doubt, call our Santa Clara will and estate lawyers. We’ll review what you currently have in place and guide you toward a solution that will ensure your wishes are honored wherever you are if something happens.

If you have additional questions about the effectiveness of your Power of Attorney and Healthcare Directive in a state where you live only part-time, or if you would like to have a brand new plan created so that your wishes are known and that someone of your choosing can make decisions for you if something happens, please call our Santa Clara will and estate lawyers at (650) 422-3313 to set up a consultation.