If you and your long-time partner have decided that things are going just fine without taking the step of legally codifying your relationship, you aren’t alone. People make this choice for all kinds of reasons.
While this can make a potential break-up in the future less complicated, it can also have some unintended negative consequences if one of you becomes incapacitated or predeceases the other while you’re still together.
That’s why it’s important for committed couples who aren’t married or registered as domestic partners (something that’s less common now that same-sex marriage is legal) to consider putting some estate plan documents in place. Let’s look at a couple of examples.
A designated advocate if you become incapacitated
All adults, regardless of their age and marital status, should have an advance directive for health care (living will). In this, you state your wishes regarding things like life-prolonging measures you do and don’t want if they’re severely injured or ill with no chance of recovery.
You should also designate a health care proxy who will have the power of attorney to talk with your medical team, advocate for your codified wishes and make decisions if a situation arises that’s not covered in your advance directive. If your partner is the one you want in that role, designating that can prevent conflict with your family. Even if you don’t have family, as a non-relative, your partner may not be allowed to advocate for you or even get information about your condition without this legal authority.
Financial protection for your partner if you predecease them
If you die without a will (intestate), state law determines to whom your assets pass. Intestacy laws mandate that assets be divided based on familial relationship. Spouses and registered domestic partners are at the top in the line of succession in Maryland if someone dies intestate. However, people in romantic relationships that aren’t codified are not included. That means that if you aren’t officially joint owners of an asset like your home or bank accounts or you don’t have a payable-on-death or transfer-on-death designation, your partner could be left with virtually nothing.
You can see why it’s crucial for both you and your partner to put some estate planning protections in place. Each situation is unique, so it’s wise to seek personalized legal guidance.
