Does a person assigned to a Living Will have to reside in the same state or can directions be done by telephone?

I have no one in my state that I trust to follow my wishes. The only person I trust resides in another state. Can I name her on a Living Will?

Asked on October 3, 2018 under Estate Planning, Arkansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

There is nothing which inherently requires that the person with medical POA or given power by a living will appear in person. It is likely that a hosptial or doctor, etc. will require that the person provide them not just a copy of the living will, but some persausive proof of identity (e.g. some notarized letter transmitted with a copy of their license or other valid ID), but that is a logistical or evidentiary issue--proving that the person the phone is who he/she says he/she is--not a legal bar.

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