Individuals who have residences in other countries or frequently travel to other countries on business should take extra care with regard to their estate and personal document planning.

Issues most often arise with regard to ancillary estate planning documents, such as living wills and powers of attorney, including powers of attorney for health care. While there are statutes and court systems that give formal effect to wills and trusts, the laws and policies regarding living wills and powers of attorney are not nearly as developed. This gap is widened by the fact that lay persons (bankers, brokers, and health care professionals) are being asked to rely on documents for which there are no accepted international (or even national) standards.

In Florida, for example, the statutes provide specific protection for those relying on living wills and powers of attorney, and it is customary to specifically cite those statutes in the documents to direct the attention of those being asked to rely on them for the protections offered. When a living will or power of attorney from another country either contains no such protection or cites a statute from that other country, a hospital administrator may, for example, tell a family that the hospital’s legal department will have to review the documents before the individual’s wishes or the family’s decisions will be respected.

For a small investment in time and money, a person who intends to spend any significant amount of time in another country or who has acquired property there should have a general power of attorney and a health care power of attorney (living will) prepared that complies and conforms with the law of the state or country being visited in order to deal with situations that may arise during his or her stay. Because the use of these documents is, in most instances, extremely time sensitive and emotionally charged, it is a wise investment to make.

For more information, please contact James M. Hankins.