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Unmarried
Couples and Medical Decisions FAQ
If
I am incapacitated, can my partner make medical or financial
decisions for me?
You
probably believe that your partner could make medical decisions
on you behalf if you were injured, incapacitated and unable
to speak for yourself. Unmarried couples
do not have legal authority to make such decisions for each
other without a signed authorization. There are several
simple legal documents you should prepare if you want to ensure
that critical decisions stay in the hands of your partner.
Without these documents, your partner may face serious problems
when attempting to act for you in the event of a medical emergency
and the person charged with the responsibility for making
those decisions may be a biological relative who won't consider
your partner's input. It is absolutely essential
for you to prepare the following paperwork in order to give
full decision-making authority to your partner.
Health
Care Directive. Whether you prepare a personal
health care directive or a living will, you must appoint a
proxy (your partner) to make medical care decisions on you
behalf and to see that your doctors and other health
care providers give you the kind of medical care you desire.
You can give your health care proxy authority to:
-
hire
and fire medical personnel
-
visit
you in the hospital or other facility even when other
visitors are restricted
-
access
medical records and other personal information, and
-
obtain
a court order, if necessary, to obtain or withhold medical
treatment when a hospital or doctor does not honor your
health care directive.
For
information on how to prepare a living will or personal health
care directive, please
read the free legal tutorial entitled Personal Health Care
Directives (Living Wills) found
in the
Lean
Law Library.
General
Power of Attorney (Springing). In addition to medical
decisions, you should think about who will handle financial
matters for you if you become incapacitated. A General Power
of Attorney (Springing) allows you to name someone you trust
to pay your bills and take care of your finances if you can't.
If you become unable to manage your finances and you haven't
prepared a General Power of Attorney (Springing), you partner
will have to ask a court for authority over your financial
affairs. This procedure can be time consuming and expensive
and a judge might appoint a relative rather than your partner.
A power of attorney will eliminate these problems.
For
information on how to prepare a power of attorney, please
read the free legal
tutorial entitled Power of Attorney found in the
Lean Law Library
If
you feel uncertain about giving away so much authority, keep
in mind that all of these documents can be revoked. Nothing
is irreversible unless and until you can no longer speak for
yourself. Failure to address these issues could
prevent your partner from making sure that your health care
wishes are carried out.
Keep
these original documents in a safe place where your partner
can obtain them quickly. Keep copies of the documents
with your other important papers.
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