As your loved on begins showing signs and symptoms of Alzheimer’s disease or dementia, you’ll likely want to go ahead and have an Ohio elder law attorney draft an advance directive. An advance directive can play a major role in determining the treatment for your loved one as he or she begins loses capacity to make health related decisions.
While these legal documents, in theory, seem relatively simple in the sense that they merely specify care and treatment and/or name proxies, the true story with advance directives is that they have the potential to generate a great deal of confusion due to the detailed information they contain. Furthermore, with many loved ones and caregivers finding new homes to accommodate markedly changed living arrangements, questions arise as to whether or not different states recognize advance directives. For instance, your loved one may have just moved-in with you because he or she needs living assistance. If your loved one had advanced directive for the state of New York, you may be wondering whether or not another state, say Florida, recognizes the legality of that original New York document.
The answers to such questions become obscured when people begin propagating legal myths. Multiple myths exists about advance directives, and one such myth hinges on questions concerning the legality of advance directives in different states. Specifically, some people have the misconception that advance directives are not legal in every state. (In other words, they believe that some states do not allow advance directives.) While not every state has the same language or legal terms, all states recognize both proxy and living will types of advance directives, and perhaps the real confusion concerning here arises from the question of whether or not the state of Florida will fully acknowledge the legal document drafted in New York.
Unfortunately, the answer to this questions proves somewhat confusing, as some states explicitly address the issue of out-of-state advance directives while other states remain rather silent on the matter. To ensure health care provides adhere to you or your loved one’s preferences (as stated in your advance directive), you should contact an Ohio elder law attorney.
