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Living Will

Old 03-01-2010, 07:30 AM
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I know of several people who have living wills, but they are only for specific states. Should a pilot who flys in several states and desires to have a living will need to have living wills in every state he flys/has layovers in?
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Old 03-01-2010, 08:37 AM
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Good question. I have a living will in Florida and assumed it would be honored in all states. Maybe not. Couldn't find a definitive answer but found a US Living Will Registry at www.USLivingWillRegistry.com. Under FAQ's, I found the following... probably a good idea to register.

Will My Advance Directive Be Honored If I Become Ill In Another State?

All 50 states and the District of Columbia have laws recognizing the use of advance directives (i.e., living wills, medical powers of attorney). Most states honor another state's advance directive. But more importantly, if your advance directive is registered, your family and doctors will have access to your wishes.
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Old 03-01-2010, 08:42 AM
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I doubt it would be a problem. There might be a need to include specific language peculiar to certain states, but pilots are not the only who would have this issue...many other people travel as well. Ask your lawyer, but I would assume that most such documents are structured to be valid anywhere in the US. The executor should have full authority to make decisions within that state's allowable boundaries. However I doubt any such document would over-ride a state law, if the law disallowed something you wanted to do.

Worst case, I think your executor could physically transfer you to your home state if that was required to exercise the provisions of a living will.
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Old 05-11-2010, 05:46 PM
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The only real problem is that some states have more restrictive statutes than others. For example, a state might find enforceable in accordance with its own law a provision that states that you request that "no extraordinary means be used to prolong your life," but rule that a feeding tube or some artificial means of hydration are not "extraordinary means" within the meaning of the statute.

The bottom line is that you need not execute a separate "living will" for each state, but you need to be aware that some states, by statute, will limit the enforceability of the terms of the living will your attorney prepares. I prepare them using the broadest language possible (assuming that's what my client wants).
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