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How Long Does a Living Will or Power of Attorney Remain Valid

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  • 09-09-2013, 01:45 PM
    conky
    How Long Does a Living Will or Power of Attorney Remain Valid
    3 questions regarding Health Care Proxy/Living Will…

    - Does it matter if my Health Care Proxy and Living Will are from 1991? (i.e. do I need a more current version).

    - Is it a problem that the address noted for my agent is now incorrect (she moved a few years ago)? Should I leave as is, or update in pen…and what happens if she moves again?

    - I read that in addition to the above 2 documents, one needs an ‘Authorization to Release Protected Healthcare Information’, which must be compliant with federal health information privacy laws. Is this doctor/hospital/insurance company specific …or is it something I can complete now and keep with the Proxy/Living Will?

    Thanks so much in advance!
    My question involves a power of attorney in the state of:
  • 09-10-2013, 10:54 PM
    Mr. Knowitall
    Re: How Long Does a Living Will or Power of Attorney Remain Valid
    Quote:

    Quoting conky
    View Post
    Does it matter if my Health Care Proxy and Living Will are from 1991? (i.e. do I need a more current version).

    Most people have changes in their needs and desires over the course of 20+ years. Odds are the requirements of your undisclosed state haven't changed. I also won't promise you that a recipient won't look askance at a 20+-year-old power of attorney.
    Quote:

    Quoting conky
    Is it a problem that the address noted for my agent is now incorrect (she moved a few years ago)? Should I leave as is, or update in pen…and what happens if she moves again?

    You would be better off attaching an addendum with the current address, or drafting and executing a new document with a current address. Making changes to a notarized document could create significant issues for somebody trying to rely upon the document.
    Quote:

    Quoting conky
    I read that in addition to the above 2 documents, one needs an ‘Authorization to Release Protected Healthcare Information’, which must be compliant with federal health information privacy laws. Is this doctor/hospital/insurance company specific …or is it something I can complete now and keep with the Proxy/Living Will?

    If your present healthcare proxy is not HIPAA-complaint, you can consider either drafting a new one that is HIPAA complaint (you can probably find a free form for your undisclosed states - many hospitals distribute them and some states have statutory forms), or executing an appropriate additional document to address the issue.
    Quote:

    Quoting conky
    My question involves a power of attorney in the state of:

    We ask for a reason.
  • 09-11-2013, 02:30 PM
    conky
    Re: How Long Does a Living Will or Power of Attorney Remain Valid
    Quote:

    Quoting Mr. Knowitall
    View Post
    Most people have changes in their needs and desires over the course of 20+ years. Odds are the requirements of your undisclosed state haven't changed. I also won't promise you that a recipient won't look askance at a 20+-year-old power of attorney.

    You would be better off attaching an addendum with the current address, or drafting and executing a new document with a current address. Making changes to a notarized document could create significant issues for somebody trying to rely upon the document.

    If your present healthcare proxy is not HIPAA-complaint, you can consider either drafting a new one that is HIPAA complaint (you can probably find a free form for your undisclosed states - many hospitals distribute them and some states have statutory forms), or executing an appropriate additional document to address the issue.

    We ask for a reason.

    ----------------------------------------------------------------
    Thanks so much for your reply, Mr. K.

    This was my first post...and did not see the request for state. (apologies). I am in New York State.

    The agent for my POA, Living Will and Health Care Proxy is my sister, and she is fine with the duty.

    My desires have not changed. The only thing that changed is her address. The problem is that i imagine she will be moving yet a few times more in the future.
    - If I attach an addendum, must i continually update with each of her moves?
    - Do i simply note that her address has changed and attach the document to the Proxy & Living Will?
    - must i get it notarized?
    - the HIPAA compliancy is only needed for the Health Care Proxy and Living Will, not the POA, correct?
    - Can I simply attach a HIPAA doc ...or must i redo the Proxy & Living Will?
    - Finally, can you kindly direct me to correct docs online?

    Sincere apologies (this is overwhelming)...and thanks SO MUCH for your time (and patience).
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