Do we need to update our wills, DNR’s and POA’s if they were drawn in Nevada, but we now reside in Illinois?

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Do we need to update our wills, DNR’s and POA’s if they were drawn in Nevada, but we now reside in Illinois?

We are 65 and 67.

Asked on March 18, 2018 under Estate Planning, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no legal need to update wills or powers of attorney: every state will honor the wills and powers of attorney from every other state, assuming that they were properly created and executed and were therefore enforceable in their original state. Technically, they should also honor the DNR or any medical proxies/living wills, but because states do have different policies on these things and the hospitals and doctors in a state are understandably nervous about potential liability from not following their state's law in this regard, it would be a good idea to have any medical forms (e.g. the DNR) redone to use the "standard" forms and language from your new state. That will make medical care providers less hesitant about following them, and the last thing  you'd want at such a fraught time as when you need a DNR, etc. is to get pushback from the medical staff.


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