Cincinnati, OH asked in Elder Law and Estate Planning for Ohio

Q: My wife and myself had “Durable General Power of Attorney”, “Appointment of Health Care Representative”, “Living Will…….

..Declaration”, and “Last Will and Testament” documents created in 2007 while residing in South Bend, IN. Since then we have changed residency to West Chester, OH. Are we required to update/modify these document to our change of residency?

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1 Lawyer Answer
Aaron Epling
Aaron Epling
  • Estate Planning Lawyer
  • Hilliard, OH
  • Licensed in Ohio

A: Under the US constitution, those documents are enforceable in all other 49 states. However, some documents (particularly the healthcare directives) should be looked at. In Ohio, most attorneys use forms approved by the Ohio State Medical Association and that's what most healthcare providers are used to seeing. While your documents may be enforceable, you wouldn't want them to have to go through the hospital's legal review process at a time when a medical decision needs to be made.

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