Chevy Chase, MD asked in Elder Law for Maryland

Q: My husband and I currently live in Maryland - and are planning to move to Alabama within the next few months -

will Alabama accept our Maryland prepared will/trust/healthcare documents?

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Estate Planning Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: Yes. All wills and POAs are valid in any state you move to so long as they were valid under the law of the state where they were made. One caveat: some states have statutory provisions which govern the enforceability of a POA in given circumstances, such as Maryland, which if drafted with certain language imposes an enforceable obligation on third parties to accept the authority of the agent to act. Not all states have passed such legislation, and a MD POA drafted with such language may benefit from that legal enforcement mechanism in MD, but not necessarily in another state that has no such law, or a different language requirement. So, in Alabama, if there is a different statutory language provision that is not mirrored in your MD POA, then in order to get the benefit of that AL law for use of your POA in AL, you would need to have a new POA drafted that comports with the AL law (if any). However, your MD POA in general will still be valid in AL, even if it does not contain the specific AL statutory language (if there is such a statute).

Cedulie Renee Laumann agrees with this answer

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