My daughter will be attending college in Indiana in the fall, but we are NY residents. Which state's POA form should we use?
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Since your daughter will be attending college and physically residing in Indiana, it is strongly recommended that her Medical Power of Attorney (POA)—also called a Health Care Proxy or Advance Directive—comply with Indiana law. Here's why:
Why Indiana Law Should Govern:
- Medical providers in Indiana are most familiar with Indiana forms and statutes, and are more likely to honor and act on an Indiana-compliant POA without hesitation.
- In the event of an emergency, quick recognition and enforceability are critical. Indiana providers may delay action or require legal review if the document is from another state.
- While many states (including Indiana) may honor out-of-state POAs under reciprocity principles, there is no guarantee of seamless acceptance."
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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 NY. Should she sign a form governed by NY law or Indiana law?
I understand your concern about your daughter signing a power of attorney for medical decisions. Is your main goal to ensure that the document is legally valid and enforceable in both New York and Indiana?
Yes.
Will your daughter primarily be receiving medical treatment in Indiana while she is attending college there, or is it possible she may need medical care in New York as well?
She may need medical care in New York as well
Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your situation.
She will be a full-time college student in Indiana but will return home to NY for vacations and over the summer.
Hello I am an attorney with 18 years of experience. Please give me a minute to review your question.
Since your daughter will be attending college and physically residing in Indiana, it is strongly recommended that her Medical Power of Attorney (POA)—also called a Health Care Proxy or Advance Directive—comply with Indiana law. Here's why:
Why Indiana Law Should Govern:
- Medical providers in Indiana are most familiar with Indiana forms and statutes, and are more likely to honor and act on an Indiana-compliant POA without hesitation.
- In the event of an emergency, quick recognition and enforceability are critical. Indiana providers may delay action or require legal review if the document is from another state.
- While many states (including Indiana) may honor out-of-state POAs under reciprocity principles, there is no guarantee of seamless acceptance."
