Legal Question in Health Care Law in Michigan
Patient Advocate Durable Power of Attny
I am a single female never married/no children residing in CA for 14+ years. I had lawyers in Michigan (year 1993) write me a Revocable Living Trust, Will, Durble Pwr of Attny & Designation of Patient Advocate. All contents still valid today.
My question is does the Durble Pwr of Attny & Designation of Patient Advocate hold up in the state of CA.? In other words, even though written/signed in the state of MI, should something happen to me, can the named advocate or successor advocate execute my wishes contained in these documents even though written/issued/signed in the state of MI.?
2 Answers from Attorneys
Re: Patient Advocate Durable Power of Attny
No. Those documents have to be replaced with a California Durable General Power of Attorney and an California Advance Healthcare Directive. The trust documents are valid in California since the validity is predicated upon contract law.
Re: Patient Advocate Durable Power of Attny
Unfortunately, there is not a clear answer to your question. Without reading the instrument, it is unknown if the California requirements are satisfied. More than likely, but there is no certainty without review.
Our office specializes in Trusts, Wills and Estates. We would be willing to review the document for you, free of charge, and then let you know if it is valid in California.
Please feel free to contact me directly at 626-578-0708, extension 4 or through our firm's site at www.No-Probate.com.
You will also find some useful information about Durable Powers of Healthcare, (similar to a Living Will), there as well.
Scott Linden
Schofield & Grossman
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