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We have people that have questions and are needing to know about the
"living together" legal status.
We are not qualified nor in the legal advice business and each state
likely has a different law than the next state so we will talk in
generalities and you get local legal advice to perfect what happens in
your state.
As we said before, it is clear who gets the body when you are married,
it is the survivor. Not so when living together...
If living together you often do not have automatic visitation rights
with your partner's hospitalization.
When you are living together and your partner becomes disabled you do
not become the decision maker automatically. It may by law fall to
someone else to your detriment.
If there are children from a previous marriage it may mean their
interests conflict with your interests, and if not spelled out
otherwise, they are the heirs, you are not.
However, remembering there are one heck of a lot of legal nightmares
that go with the marriage paperwork, we will just discuss here primarily
some of the things you need to learn how to work through (legal traps)
in living together.
Now, I used to get a lot of organized opposition when I even mentioned
something other than "getting married".
If you look at statistics you will see that living together or other
alternatives are on a steep rise and second marriage rates are falling
off. Therefore you need to be informed on your options and there are not
a lot of places to get information on the subject.
Therefor do not conclude that I am against marriage.....necessarily, it
is just that first you need to consider options, and realize your
potential partner is likely already doing so.
Back to legal considerations.
You can empower your partner with a (POA).
Have your attorney or someone draw you up an endurable (does not expire
when you become disabled) power of attorney to authorize this trusted
person to manage your finances, taxes and other legal affairs when you
are unable to do so. They likely will want in return for you to have
power of attorney if something happens to them, or they can have anyone
appointed they want, it does not have to be reciprocal.
Unless you do this POA they will not be able to do this for you. Keep
in mind, some banks, IRS and others may require special forms and rules
and you should check that out before relying solely on a generic POA.
You may want your attorney to not be authorizing the POA to do too much
such as denying them the ability to change the beneficiary designations
on insurance and pension account etc. so the attorney should craft this
the way you want it. Be sure it is written with safequards if you
become disabled, so your partner who you are giving a POA to is not
given the ability to run off with your funds.
Be sure your ex has been removed from insurance policies and
beneficiaries updated.
Get a health care proxy (in addition) that authorizes this special
someone or children etc to make health decisions should you be
incapacitated. Let eveyone know what the health care decisions for you
should be.
You can put in the proxy that your partner should have all rights of a
spouse as far as hospitalization visitation rights, and "who gets the
body".
Be sure these health wishes are known by your partner and set up a
"living will" that spells out what you want to happen in certain
specified health situations.
This paper work won't cost much more if you are living together than if
you are married, but you need this type of paper work sorted out anyway.
Now, regarding a will, spell everything out and keep in mind you have an
option where you can leave your assets to the partner with the provision
that when the partner dies, all assets go to your children etc.
Best bet is to provide for your partner with an insurance policy and/or
retirement account rather than after you are gone their getting into
"will hassles" with your children and the ex spouse..
Have your attorney explain if your state has a domestic partnership law
and how that affects your plans.......
Get this all taken care of carefully by your attorney and know ahead of
time what is going to happen under all of these situations.
,,,,,,,understand you can even have your attorney draw up a legally
spelled out "living together agreement" of what happens if your
relationship ends (do this while still in the lovey dovey stage....).
Remember, your potential live-together partner may be so allergic to
getting into the soup again.....that they are avoiding commitment like
the plaque... you likely have already met some of those.
When it is all spelled out in living together, there is little to worry
about and they can be in a very close relationship with you.
They need not and should not be worrying or considering you a potential
disaster or the usual marriage-divorce "hazard" waiting to happen.
You live together and stay together because you want to be together and
both have to work at it......
You do not stay together because your partner can "do it to you" if you
consider splitting.
Tell Your
Single Friends About This Article And Site, Send Them This Page Or If They
Do Not Have A PC, Print Out The
Article For Them
Living Together Considerations
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