If you are married or in a state that recognizes civil unions or domestic partnerships and you register as such, proof of such marriage or registration would be sufficient. Otherwise, you would need to have your spouse or partner designate you as agent under their Health Care Power of Attorney. The agent also can limit other visitors. … [Read more...] about How can I be sure that I will be allowed to visit my spouse or partner in the hospital or assisted living facility?
Can my spouse or partner make medical decisions for me if I’m sick?
If you are in a marriage, registered domestic partnership, or civil union, your spouse or partner can make those decisions for you. If you are not in a registered relationship, then state law would recognize your family of origin to make those decisions. However, you can override state law and give your partner the authority to make such decisions by signing a Health Care Power of Attorney. With … [Read more...] about Can my spouse or partner make medical decisions for me if I’m sick?
Can my spouse or partner handle my financial affairs if I am incapacitated?
No, you have to do estate planning in order to allow your spouse or partner to have that authority. Specifically, by designating your spouse or partner as agent under a General Durable (Financial) Power of Attorney, he or she can make decisions on your behalf regarding financial matters. … [Read more...] about Can my spouse or partner handle my financial affairs if I am incapacitated?
I am in an unmarried relationship, do I need to plan?
You will be treated as “legal strangers” for purposes of state and federal laws. As a result, if you do not have an estate plan, your partner would not have the right to inherit from you, have preference to be appointed your guardian, or many other rights you would assume a spouse would have. … [Read more...] about I am in an unmarried relationship, do I need to plan?
I am married, why do I need to plan?
There are still many places and people who are reluctant to recognize your marital rights. Additionally, there are many other important reasons to create an estate plan, such as avoiding probate, minimizing taxes and providing creditor and divorce protection for beneficiaries. … [Read more...] about I am married, why do I need to plan?
Does same-sex marriage, domestic partnership, or civil union provide all the benefits of heterosexual marriage?
No. These various relationships affect state law rights and responsibilities only in the states which recognize them. Only marriage is respected by the federal government. As a result, unmarried same-sex couples will not get federal benefits, such as social security survivorship benefits. … [Read more...] about Does same-sex marriage, domestic partnership, or civil union provide all the benefits of heterosexual marriage?
How will my income tax return get filed?
If you are single, only your Conservator would have that authority. … [Read more...] about How will my income tax return get filed?
What happens if my son needs his tuition paid while I’m disabled?
Again, if you haven’t planned, nobody can act for you until the court appoints a Guardian and/or Conservator for you. If bills, such as your son’s tuition, need to be paid in the interim, a friend or family member would have to use their savings or borrow to pay the bill. … [Read more...] about What happens if my son needs his tuition paid while I’m disabled?
What happens if my investments need to be changed quickly due to market conditions or to reflect new circumstances and risk tolerance?
A court would have to appoint a Conservator. Nobody but the Conservator would be able to act for you. … [Read more...] about What happens if my investments need to be changed quickly due to market conditions or to reflect new circumstances and risk tolerance?
How will my bills get paid?
Your family or friends must go to your local court and have someone appointed your Conservator. Again, this judge probably does not know you and may not appoint the same person you would choose. In the appointment process, people must testify in open court that you do not have the ability to care for yourself. It can be draining financially and emotionally. Your Conservator would have to report to … [Read more...] about How will my bills get paid?
