Cohabiting Seniors: Protect Your Rights

More and more seniors are living together without getting married.  According to U.S. Census data, the number of cohabiting seniors nearly doubled between 1989 and 2000.  For some seniors, marriage isn't financially worth it, they don't want to lose their former spouse's miligary pension or Social Security benefits.  other seniors don't want to have to pay their partners' medical expenses or deal with the objections of children worried about their inheritance.

There are risks to cohabiting without marriage, however.  You have no rights with regard to your partner's health care decisions.  In addition, you may be considered "common law"" married by a court after you die possibly causing a dispute between your partner and your children.  If you and your partner plan to live together without getting married, you can take a number os steps to ensure that you are protected and your wishes are followed.

SIGN A COHABITATION AGREEMENT:  If you live in a state that recognizes common law marriage or even if you don't (some courts have recognized the rights of unmarried partners who lived together in non-common law states), you may want to enter into a cohabitation agreement with your partner.  The agreement can state your intentions not to marry or to make any claims against each other.  It can also specify the division of household expenses and what will happen to your house in the case of death or breakup.  You should consult a lawyer for assistance in drawing up an agreement.

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.  to avoid this situation, you need several documents.   You can sign a Health Insurace Portability and Accountability Act (HIPAA) medical release to allow each other access to the other's medical information.  In addition, you should have a health care proxy and/or a durable power of attorney for health care, naming your partner as your agent to make health care decisions.

SIGN A DURABLE POWER OF ATTORNEY:  A power of attorney allows your partner, or whomever you appoint, to make financial decisions for you if you become incapacitated.  Without a power of attorney, the court will have to appoint a conservator or guardian to make those decisions and the judge may not choose the person you would prefer.

UPDATE YOUR WILL:  You 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 it is owned by only one partner.