However, in today’s mobile society, more and more retired people reside in more than one state during the year for reasons other than the weather.  Not just fleeing for short spurts.  Who can resist those grandchildren?!

If you consider yourself a “snowbird”, it is important for you to find out whether your current estate plan is going to work for you as you planned.  When it comes to planning for a dual residence client, it is important to address issues and develop a plan that will work effectively in both states.

Most understand how critical it is to have up-to-date medical directives, durable powers of attorney, designation of a health care advocate and a living will.  However, what you may not know is that each state has its own set of laws and rules, which may mean that your documents may not work as you planned in your secondary residence state.  Even if the documents meet the technical requirements of the other state, a hospital or doctor may not choose to honor the documents (for whatever reason), which may mean your decisions regarding end-of-life, or disability care may not be honored.

If you are a dual resident, living in North Carolina as well as another state, it is important to talk with not only an experienced Charlotte estate planning attorney but also an experienced estate planning attorney in the dual resident state.  Working together, they can provide specific direction regarding individual state requirements. In addition, if your will or trust was created before you owned property in another state, be sure to call and make an appointment with your Charlotte wills attorney to go over your will or trust to make sure that it will work just as you planned.

Included in the complete estate plan our firm provides for our clients is a living will (or Advanced Healthcare Directive) nominating a healthcare agent and stating the client’s wishes for end of life decisions and treatment. This document is clear and comprehensive; yet according to Jane Brody’s NY Times article doctors and emergency technicians still have a difficult time withholding life-saving treatments, even if administering them goes expressly against a patient’s clear wishes to the contrary.

What Jane Brody’s article makes clear is that signing a living will is no longer enough. To truly be sure your wishes will be followed you need to include your family and your doctor in your decision-making process, even to the extent that your agent and your doctor sign a statement to the effect that they have reviewed and agree to follow your wishes.

Don’t be one of the growing numbers of people whose wishes for end of life treatment are ignored. Bring your living will or healthcare directive to your next doctor’s appointment to review with your physician. And ask your attorney about POLST, MOLST, or other state specific forms to bolster your estate planning documents and ensure that your wishes are recognized.