Ignore all the suggestions to just get married in this thread. You'll do what is right for your situation and you don't have to justify your choice to anyone but yourselves.
You simply want to make sure that you've replicated the relevant rights regarding finances, decision-making, etc.
You've already gotten good advice from those with the appropriate experience in this thread, but it is important enough that some can be repeated.
If you and your partner want input on health and financial decisions for one another, you definitely need a durable power of attorney and a health care proxy.
Since you are in NY state, you can likely just use the Health Care Proxy form from the NY Department of Health, no lawyer or notary needed, but must be signed by two witnesses:
https://www.health.ny.gov/publications/1430.pdf (link opens pdf)
For power of attorney, there is a NYS suggested short form as well. It does require notarization.
For all but the most unusual situations, these will be sufficient:
https://www.nysenate.gov/legislation/laws/GOB/5-1513
Some hospitals and financial institutions will prefer that you fill out their own HC Proxy or POA form, so it is recommended to put your relevant forms on file with them in advance or sign their form. It can sometimes be a hassle to get them to accept the standard forms even though they are legally required to do so. Once you become incompetent to designate POA or Health Care Proxy via accident or otherwise, you can no longer do so and your partner will have little recourse.
Default laws of your state will not recognize an unregistered partnership. If you want the additional protections listed, for $35 and an in-person appointment, you can register your partnership with the NYC City Clerk (assuming you are a resident of NYC):
https://www.cityclerk.nyc.gov/content/d ... gistration
Note that these rights do not include all that a POA or Health Care Proxy may afford, and is not a substitute for the above.
It is likely a good idea to also have a will, because it allows you to designate your wishes for any property you may have forgotten to delegate (or that cannot be delegated) via beneficiaries. It lets you name your partner as your estate's personal representative (a.k.a. executor) if your so desire. And it lets you designate a plan if your partner predeceases you or if you simultaneously expire. Maybe you'd prefer some of your partner's relatives, a charity, or others receive in that case vs. all going according to intestacy. Here's the NYS sequence:
https://www.nycourts.gov/courthelp/when ... tacy.shtml
A simple will is likely good enough in your case. The NYS Bar Association has helpfully provided a sample. The last page with notarization is only required if you want it to be a "self-proving" will without the potential necessity of testimony of the witnesses if it were contested:
https://nysba.org/NYSBA/Downloadable%25 ... 9small.pdf
Generally, both of you would have all 3 documents, so a total of 6 between you.
Obviously, make sure that you are both listed as named insured on home policies, auto policies, etc. as necessary, and that life insurance policies (perhaps provided by work?) list the partner as beneficiary.
Hope that is helpful.
You simply want to make sure that you've replicated the relevant rights regarding finances, decision-making, etc.
You've already gotten good advice from those with the appropriate experience in this thread, but it is important enough that some can be repeated.
If you and your partner want input on health and financial decisions for one another, you definitely need a durable power of attorney and a health care proxy.
Since you are in NY state, you can likely just use the Health Care Proxy form from the NY Department of Health, no lawyer or notary needed, but must be signed by two witnesses:
https://www.health.ny.gov/publications/1430.pdf (link opens pdf)
For power of attorney, there is a NYS suggested short form as well. It does require notarization.
For all but the most unusual situations, these will be sufficient:
https://www.nysenate.gov/legislation/laws/GOB/5-1513
Some hospitals and financial institutions will prefer that you fill out their own HC Proxy or POA form, so it is recommended to put your relevant forms on file with them in advance or sign their form. It can sometimes be a hassle to get them to accept the standard forms even though they are legally required to do so. Once you become incompetent to designate POA or Health Care Proxy via accident or otherwise, you can no longer do so and your partner will have little recourse.
Default laws of your state will not recognize an unregistered partnership. If you want the additional protections listed, for $35 and an in-person appointment, you can register your partnership with the NYC City Clerk (assuming you are a resident of NYC):
https://www.cityclerk.nyc.gov/content/d ... gistration
Note that these rights do not include all that a POA or Health Care Proxy may afford, and is not a substitute for the above.
It is likely a good idea to also have a will, because it allows you to designate your wishes for any property you may have forgotten to delegate (or that cannot be delegated) via beneficiaries. It lets you name your partner as your estate's personal representative (a.k.a. executor) if your so desire. And it lets you designate a plan if your partner predeceases you or if you simultaneously expire. Maybe you'd prefer some of your partner's relatives, a charity, or others receive in that case vs. all going according to intestacy. Here's the NYS sequence:
https://www.nycourts.gov/courthelp/when ... tacy.shtml
A simple will is likely good enough in your case. The NYS Bar Association has helpfully provided a sample. The last page with notarization is only required if you want it to be a "self-proving" will without the potential necessity of testimony of the witnesses if it were contested:
https://nysba.org/NYSBA/Downloadable%25 ... 9small.pdf
Generally, both of you would have all 3 documents, so a total of 6 between you.
Obviously, make sure that you are both listed as named insured on home policies, auto policies, etc. as necessary, and that life insurance policies (perhaps provided by work?) list the partner as beneficiary.
Hope that is helpful.
Statistics: Posted by epoche — Wed Sep 04, 2024 4:35 pm — Replies 74 — Views 4907