[NY] Which power of attorney form do I use for my daughter?
My daughter will be attending college in Indiana in the fall, and we would like to have her sign a power of attorney for medical decisions since she will be turning 18 next month. We are residents of New York. Should she sign a form governed by New York law or Indiana law?
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Since your daughter will be physically residing in Indiana for school, I strongly recommend using a Medical Power of Attorney (Health Care Proxy / Advance Directive) that complies with Indiana law (IC §16-36-7). Indiana medical providers are most familiar with Indiana forms and statutes and are more likely to recognize and act on an Indiana-compliant POA quickly in an emergency.
While some states may honor out-of-state POAs, using an Indiana-compliant form reduces the chance of delays or extra legal review when she needs care there.
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My daughter will be attending college in Indiana in the fall, and we would like to have her sign a power of attorney for medical decisions since she will be turning 18 next month. We are residents of New York. Should she sign a form governed by New York law or Indiana law?
Lexi, Chatbot
I understand. Is your main goal to ensure the document is legally valid and enforceable in both New York and Indiana?
Yes.
Lexi, Chatbot
Will your daughter primarily be receiving medical treatment in Indiana while attending college, or might she need care in New York as well?
She may need medical care in New York as well. She will be a full-time college student in Indiana, but will return home for vacations and over the summer.
Andres Sanchez
Hello — I’m an attorney with 18 years of experience. Give me a minute to review your question.
Thanks.
Andres Sanchez
Since your daughter will be physically residing in Indiana for school, I strongly recommend using a Medical Power of Attorney (Health Care Proxy / Advance Directive) that complies with Indiana law (IC §16-36-7). Indiana medical providers are most familiar with Indiana forms and statutes and are more likely to recognize and act on an Indiana-compliant POA quickly in an emergency.
While some states may honor out-of-state POAs, using an Indiana-compliant form reduces the chance of delays or extra legal review when she needs care there.
Thanks.
Andres Sanchez
It appears I have answered your question. Best of luck.
Andres Sanchez
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