Snowbirds who split time between multiple states face unique challenges in managing their estate planning documents. Attorney Kellen Bryant explains the best strategies for keeping your important legal documents accessible no matter which state you’re in when you need them.
The Snowbird Documentation Challenge
If you travel back and forth between states or live in two states six months out of the year, you need a strategic approach to document management that ensures accessibility during emergencies.
Why This Matters for Snowbirds
- Emergencies don’t wait for convenient timing
- You may need documents when you’re in either state
- Family members need immediate access during crises
- Some institutions require original documents
- Delays can be costly and dangerous in medical emergencies
Strategy 1: Dual State Document Sets
One effective approach is to have a set of documents for each state where you spend significant time.
How Dual Document Sets Work
The key is ensuring documents recognize each other rather than conflicting:
- Documents should recognize the other state’s documents
- Neither set should override the other’s validity
- Both sets should work concurrently
- Clear language prevents conflicts between documents
Example: Georgia and Florida Documents
Attorney Bryant provides this example:
- If you lived in Georgia in 2018 and then moved to Florida
- You would have power of attorney and healthcare surrogate documents in both states
- In your 2020 Florida documents, you would mention the existence of the alternative Georgia legal documents
- The intention is for both documents to work together, not against each other
Benefits of Dual Document Strategy
- Documents available in both locations
- No conflict between state-specific requirements
- Family has immediate access regardless of location
- Reduces risk of document unavailability during emergencies
Document Storage: Best Practices for Each Location
Keep Originals at Each House
The best practice is to keep the originals of each state’s documents at each house or place where you live:
- Florida documents: Keep originals at Florida residence
- Northern state documents: Keep originals at northern residence
- Accessible location: Store where family members can easily find them
- Secure storage: Fireproof safe or secure filing system
Why Originals Matter
While copies can sometimes be used, originals provide:
- Maximum legal authority
- Acceptance by all institutions
- Reduced questions about validity
- Faster processing during emergencies
The Travel Document Solution
Always Keep Documents With You
It is always wise to have the original documents with you when you travel between states:
- Prevents family from having to search for documents
- Avoids “triangulating” between care and document retrieval
- Ensures immediate availability during emergencies
- Eliminates travel delays to other residence
Emergency Scenarios
Consider what happens if there’s an accident and family members need to use your documents:
- Without documents present: Family forced to balance caring for you with traveling to find documents
- This is problematic and cumbersome
- Particularly dangerous in emergencies where actions need to be taken within 24 hours
- With documents present: Family can focus entirely on your care
The Emergency Document Box Strategy
Create a Portable Important Documents Box
Families should maintain a box of important documents that is:
- Easily accessible: Family members know where it is
- Portable: Can be grabbed quickly
- Emergency-ready: Useful in case of fire or other emergencies
- Travel-friendly: Goes with you between residences
What Goes in the Emergency Document Box
Your estate planning documents should be included along with:
- Power of attorney documents
- Healthcare surrogate designations
- Living wills and advance directives
- HIPAA authorizations
- Insurance policies and cards
- Medical information and medication lists
- Emergency contact information
- Banking and financial account information
Additional Document Management Tips for Snowbirds
Digital Backup Strategy
While originals are important, consider digital backups:
- Scan all documents to secure cloud storage
- Provide family members with access to digital copies
- Keep digital copies on phone or tablet
- Use password-protected files for security
Family Communication
- Ensure family members know your document storage system
- Provide copies to adult children in both states
- Update family when documents change
- Create written instructions for finding documents
Professional Coordination
- Work with attorneys in both states when possible
- Ensure doctors in both states have current documents
- Update financial institutions in both locations
- Keep attorney contact information accessible
State-Specific Considerations
Document Recognition Between States
- Most states recognize other states’ estate planning documents
- Some states have specific requirements or preferences
- Dual documents eliminate potential recognition issues
- Professional guidance ensures proper coordination
Legal Requirements Vary
- Witness and notarization requirements differ
- Some states have unique document provisions
- Healthcare directives may have state-specific language
- Property ownership rules vary between states
Regular Review and Updates
Annual Document Review
Snowbirds should review their document strategy annually:
- Ensure all documents are current
- Update for any law changes in either state
- Verify family members know current storage locations
- Replace any damaged or outdated documents
Coordination Between States
- Keep both sets of documents updated simultaneously
- Ensure changes in one state are reflected in the other
- Maintain consistency in named agents and beneficiaries
- Regular communication with attorneys in both states
Common Mistakes to Avoid
Document Storage Errors
- Leaving all originals in one state
- Not informing family of storage locations
- Failing to create portable emergency copies
- Not updating document locations when moving
Coordination Failures
- Creating conflicting documents between states
- Not ensuring documents work together
- Failing to update both sets when changes occur
- Not providing copies to professionals in both states
Ensure Your Documents Are Always Available
As a snowbird, your estate planning documents need to travel with you and be available when needed. Whether you choose dual state documents, a portable emergency box, or a combination approach, the key is ensuring accessibility during emergencies.
Put your mind at ease and make an appointment to meet with the Berg Bryant Elder Law Group in Jacksonville, Florida today. Get expert guidance on managing your estate planning documents as a snowbird and ensure your family has access to the legal authority they need, no matter which state you’re in when emergencies arise.
