Creating a living will is not the end, but rather the beginning. As life goes on, many instances might warrant checking on your documents and changing their contents. This blog examines when and why updates matter.
Life circumstances to consider
Any of the following is a valid reason to review your will:
- Marriage, divorce or the death of a spouse
- Birth or adoption of a child
- Retirement or significant career changes
- Death or incapacity of your named healthcare proxy (agent)
- Changes in family relationships or dynamics
Even without a major event, the National Institute on Aging suggests reviewing your will at least once a year. Annual reviews give you the opportunity to confirm your named healthcare proxy is still willing and able to serve in that role.
Update for health-related reasons
You might want to consider making changes to your documents after:
- Receiving a diagnosis of a serious or terminal illness
- Recovering from major surgery or a serious health crisis
- Developing a chronic or long-term medical condition
- Reassessing your beliefs about quality of life or end-of-life care
Discussing these medical updates with your doctor can guide legal counsel if you have any updates or changes in mind.
Relocating to or from Arkansas matters
Each state has its own laws governing advance directives and living wills. Moving across state lines can affect whether your existing document remains legally valid or fully enforceable.
Arkansas law does recognize out-of-state advance directives under certain conditions. Per state law, an advance directive executed outside the state may remain valid if it complied with Arkansas law or the laws of the state where it was originally signed at the time of execution.
However, relying on this provision without verification can create uncertainty during a medical emergency. For example, while Arkansas allows an advance directive to be valid through simple notarization alone, other states may strictly require two witnesses.
If you have recently moved to Arkansas, reaching out to an attorney can help you determine whether your current document meets state requirements. Creating a new living will under Arkansas law may provide greater peace of mind and eliminate potential legal complications.