[FL] [FL] Is a MOLST document valid in another state?

Lexi, Chatbot

I understand the complexity of your situation. Are you looking to create a Massachusetts Medical Orders for Life-Sustaining Treatment (MOLST) document for use in Massachusetts or Florida?

Lexi, Chatbot

Have you consulted with any legal professionals in either state regarding the validity of the MOLST document across state lines?

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your MOLST document.

TJ, Esq.

Hello! My name is TJ and I’m an attorney. Thanks so much for the opportunity to assist you! I’ve gone over the details you shared and I’ll post my initial response shortly. I’ll also post a few quick questions to help me better understand your situation so I can give you a more complete and tailored answer.

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TJ, Esq.

Hi again!

Generally, a MOLST form is designed for use within the state where it's created and might not be automatically recognized or fully effective in other states, even if it's a similar document. While some states have reciprocity for advance directives, a MOLST is a specific medical order, and its legal standing can vary significantly across state lines.

Given your Florida residency, a Massachusetts MOLST may not be legally binding in Florida without additional steps.

Questions for you:

Are you considering establishing residency in Massachusetts, or do you intend to remain a Florida resident?

Are you also interested in creating a Florida advance directive or a similar document in addition to the Massachusetts MOLST?

TJ, Esq.

Thanks for clarifying. Your continued Florida residency, despite spending significant time in Massachusetts, complicates the enforceability of a Massachusetts MOLST. Florida law will govern your medical decisions as a resident, and while a Massachusetts MOLST expresses your wishes, a Florida MOLST would provide more certainty for medical providers in Florida.

Your intent for the MOLST to be carried out in Massachusetts is important, but its legal authority there for a Florida resident isn't guaranteed without specific steps.

Given your primary focus on the Massachusetts MOLST, are your medical providers in Massachusetts aware of your Florida residency and your wishes regarding end-of-life care?

TJ, Esq.

Thanks for getting back to me with that additional information.

TJ, Esq.

It's good that you plan to make your Massachusetts physician fully aware of your Florida residency when signing the Massachusetts MOLST. This is a crucial step for transparency. While the MOLST is a physician's order, its legal authority derives from state law, and a physician in Massachusetts can only act within the bounds of Massachusetts law.

The fact that you're a Florida resident could still present challenges for its enforceability if a medical situation arises and your Florida residency is at issue.

For a Massachusetts MOLST to be as effective as possible for a Florida resident, it’s vital to ensure that everyone involved understands the potential for conflict of laws. Healthcare providers in Massachusetts might rely on it, but if you were to require care in Florida, or if there were any question about your legal residency, a Massachusetts-specific document might face hurdles.

A good strategy would be to execute a Florida advance directive or Florida MOLST as well. This ensures you have valid documents in both states. You can also include language in both documents acknowledging your time in each state and expressing your intent that both documents be honored to the fullest extent possible.

Do you have any follow-up questions?

TJ, Esq.

You're very welcome! I'm happy I could help!