Are our powers of attorney/physicians’ directives from Texas valid in Florida?

Six months after moving in together in Texas in 2015, my domestic partner and I
had papers drawn up as one anothers’ medical/durable powers of attorney, along
with Directives to Physicians living wills. We had these done to submit to my
partner’s employer-provided insurance company so that I could be covered under
the group plan.

We moved to Florida in June of 2016. Are these documents from Texas valid under
Florida law, or do we need to have them drawn up again in Florida?

Asked on December 13, 2017 under Estate Planning, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Under U.S. law, such as the Full Faith and Credit Clause, each state must respect each other's legal documents. So as long as they were properly executed in and legal in state 1, where they were created, they should be valid in state 2. That said, sometimes you run into people in state 2 who do not understand that and don't want to honor the documents; in extreme cases, you might have to go to court to force them to do so. While you don't need to rush to do this, it would be better if, when you get the chance, you redo them in your current state, under its laws (which willbe very similar, anyway), just to reduce the chance of a later dispute.


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