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How To Legally Protect Your Gay Relationship |
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Monday, 06 August 2007 |
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The American Bar Association and gay activists say the following legal documents are the bare-minimum protection couples should have to protect their property, health, assets and relationship:
Power of Attorney Gives someone the power to act on behalf of another. It may be limited to a particular activity (e.g., closing on the sale of a home) or more general. Many couples have separate powers of attorney for financial and medical issues. A "durable" power of attorney remains valid until the signer dies or revokes the document.
LivingWill In Indiana, a living will is a written expression of how one wants to be treated if suffering from a terminal illness or injury in which death is imminent. It may express whether the signer wants life-sustaining treatments, including nutrition and hydration.
Appointment of Health-Care Representative Sometimes called a health-care proxy, often combined with a medical power of attorney, this document appoints a person to make medical decisions on behalf of another. In the case of a gay couple, one partner may need to have the document on hand to gain access to the other partner's hospital room. A medical power of attorney also may nominate the partner to be appointed as the person's guardian if he or she becomes disabled. Without these health-care documents, only the person's biological relatives will have authority to make medical decisions and will be viewed by the courts as the priority choice as guardians.
Will Provides for the distribution of one's property and assets after death. Gay people should specify their partners and all unrelated beneficiaries in the will to ensure assets are transferred without intervention from blood relatives. Without a will, only blood relatives of a single person have a right of inheritance.
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