|
Protecting Your Partner: The
Importance of Advance Directives for Unmarried Couples
Estate planning is often overlooked by unmarried couples,
yet it is crucial for ensuring that their wishes are respected in times of
need. One critical aspect of estate planning for unmarried couples is the
creation of advance directives, including a durable power of attorney and a
healthcare proxy. These legal documents appoint someone to make financial
and medical decisions on their behalf if they become incapacitated. Without
these directives, unmarried partners may face significant challenges and pitfalls,
particularly regarding their status as the legal next of kin.
The Pitfalls of Not Being the
Legal Next of Kin
One of the primary pitfalls that unmarried couples face is
not being recognized as the legal next of kin. In the absence of a durable
power of attorney or healthcare proxy, the decision-making authority
defaults to the next of kin, typically a blood relative. This means that
your partner may not have the legal authority to make decisions about your
finances or medical care if you become unable to do so.
Financial Decisions
Without a durable power of attorney, your partner may not be
able to access your bank accounts, pay your bills, or manage your
investments if you are incapacitated. This can lead to financial
difficulties and delays in accessing necessary funds for your care.
Medical Decisions
Similarly, without a healthcare proxy, your partner may not
be able to make medical decisions on your behalf. This can be particularly
problematic in emergencies when quick decisions are needed. Your partner
may also be excluded from discussions about your care or denied access to
your medical records.
Family Disputes
In the absence of clear directives and legal recognition,
unmarried partners may face disputes with their partner's family. Family
members may challenge your partner's authority or decisions, leading to
stressful and costly legal battles.
Avoiding Pitfalls with Advance
Directives
Creating advance directives is a proactive step that
unmarried couples can take to avoid these pitfalls. By appointing your
partner as your agent for financial and medical decisions, you ensure that
they have the legal authority to act on your behalf if you are unable to do
so. This can provide peace of mind and help avoid confusion and conflict
during difficult times.
Conclusion
Estate planning can be complex, especially for unmarried
couples. It is essential to consult with an experienced estate planning
attorney who can help you understand your options and create advance
directives that meet your needs. By taking these steps, you can protect
your partner and ensure that your wishes are respected, even if you are
unable to express them yourself.
***
This article is provided for informational purposes only and
is not intended as legal advice. For further inquiry, please feel free to
contact me at the email or telephone listed below.
|
Comments
Post a Comment
Please no profanity or political comments.