UNMARRIED COUPLES, UN REGISTERED DOMESTIC PARTNERS & ESTATE PLANNING

Unregistered domestic partners, (and other unmarried couples) are not afforded the same protection under the law as married couples or registered domestic partners. Advance planning is especially important these individuals since they cannot presume to act on each other’s behalf without the express written authority of their partner in a Will, Trust, and Power of Attorney for Advance Health Care Directive.

Written Documents:
Written documents are necessary to do the following:

- Override the presumption (or right) that family members would have the right act on behalf of a partner;

- Preclude family members from inheriting a partner’s assets under intestate succession laws that govern the distribution of estate when no will or trust is in effect.

Visitation & Funerals:
Without marriage or registering as domestic partners, the partners have no right to hospital visitation, medical decisions, or funeral decisions.  Partners can be removed from the hospital by family members.  To avoid these issues, non married or registered persons should execute Advance Health Care Directives so a partner has the legal right to make health care decisions on their partner's behalf and also has the authority to make funeral arrangements.

Asset Management:
Non married or registered individuals should also consider what will happen to their assets if one of them becomes incapacitated. Durable Powers of Attorney for Financial matters allows partners to authorize each other to manage assets, thereby ensuring that only their partner will have the authority to manage their financial affairs and assets in the event of incapacity.

The law favors appointment of family members over partners as conservator. A nomination of conservator should therefore be made, nominating the partner as conservator of the person and of the estate. This avoids the possibility of a family member being appointed as conservator and revoking a partner’s Power of Attorney.

There are numerous personal and financial issues that domestic partners must address, and professional assistance is advisable in preparing documents for their protection.

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