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.