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

UPDATED: Oct 1, 2022

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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 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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