More and more senior citizens are living together without getting married. According to the U.S. census data, the number of cohabitating seniors nearly doubled between 1989 and 2000. For some seniors, marriage isn’t financially worthwhile because they do not want to lose their former spouse’s military, pension or Social Security benefits.
Others do not want to have to pay their partners’ medical expenses or get entangled with the objections of children worried about their inheritance.
However, there are risks to cohabitating without marriage as well. For instance, you have no rights concerning your partner’s health care decisions. If you and your partner plan to live together without getting married, you can take a number of steps to ensure you are protected and your wishes are followed.
Sign an Occupancy Agreement. This type of agreement can specify the division of household expenses and what will happen to your house in the event of death or breakup. Any seniors who are familiar with computers can locate a sample agreement on the internet. The National Housing Resource Center, 431 Pine Street, Burlington, Vermont, 05401, 802-862-2727 can provide a sample agreement upon request.
Provide access to health care decision-making. If you are not married, you have no right to participate in your partner’s health care decisions or even in some circumstances to visit your partner at the hospital. You can sign a medical release under a federal law (HIPPA) to allow each other access to medical information. In addition, you should have a Power of Attorney for Health Care designating your partner as your agent to make health care decisions.
Sign a durable power of attorney. A power of attorney allows your partner to make financial decisions for you if you become incapacitated. Without a power of attorney, a court will have to appoint a conservator or guardian to make decisions and the judge might not choose the person you would prefer. You can decide what type of power of attorney to use, an immediate or springing power of attorney, which only becomes operative upon specific conditions being met.
Update your will. Your will should be clear about what happens to your possessions when you die, including your house and its contents. It is particularly important to specify what will happen to your house if you don’t own it jointly with your partner. Seniors must address the issue of whether they want to protect the continued occupancy of the cohabitating senior.
Ms. MacDonald’s practice is limited to Estate Planning, Probate and Elder Law. Ms. MacDonald maintains her practice in the Santa Clarita Valley at 27013 Langside Avenue, Suite A, Santa Clarita. She can be reached at 661-251-1300.