Securing Your Future: Empowering Your Partner with Legal Authority

At The Law Office of J. Michael Clay, we understand the importance of being prepared for unforeseen circumstances. Life can be unpredictable, and it’s crucial to have the right legal safeguards in place to ensure that if you’re ever incapacitated, your partner has the authority to manage your medical decisions and finances on your behalf.

Unmarried couples face unique challenges, as they are not automatically entitled to make vital decisions for each other without legal authorization. This means if an unfortunate event leaves you unable to communicate your wishes, your partner could be powerless to act without the necessary legal documentation.

That’s why we strongly recommend that couples proactively prepare health care directives and a durable power of attorney for finances. Without such essential documents in place, your loved ones may endure unnecessary emotional distress and bureaucratic hurdles. Worse still, your biological relatives, who may not align with your preferences or respect your partner’s role, could be put in charge of your well-being and assets.

Creating these documents is typically straightforward, and with the support of our compassionate legal team, we’ll ensure that your wishes are clearly articulated and legally recognized.

Health Care (Medical) Directives

Every adult, particularly those in unmarried partnerships, should consider drafting health care directives to clarify their medical treatment preferences should they become incapable of making such decisions personally. These documents not only spell out your health care wishes but also designate your chosen advocate—often your partner—to direct your care according to your instructions.

There are two main types of health care directives:

1. A “declaration” that details your medical treatment preferences directly to healthcare providers.
2. A “durable power of attorney for health care,” which appoints an individual, likely your partner, to ensure your medical care aligns with your preferences and grants them additional rights to participate in healthcare decisions.

These documents may be combined into a single “advance health care directive” in some states, serving as one comprehensive guide to your medical wishes.

Financial Powers of Attorney

Just as with medical issues, a durable power of attorney for finances empowers a trusted individual—your attorney-in-fact—to manage your finances if you are no longer able to do so. If such a document isn’t in place and you become incapacitated, a potentially lengthy and costly court process would be necessary to appoint someone to manage your financial affairs.

You can opt to have your financial power of attorney effective either immediately or only upon your incapacitation. The choice to make it effective right away can offer convenience in numerous situations, even when you’re temporarily unavailable to handle financial matters.

With The Law Office of J. Michael Clay’s guidance, you can tailor the amount of control granted in your durable power of attorney for finances, ensuring that it reflects your individual needs and wishes.

If you’re ready to take control of your future and protect your partnership, we invite you to reach out to us at 210-694-5205 for a Free Consultation. We’re here to provide you with personalized legal solutions that safeguard your rights and give peace of mind to you and your partner.

To discover more about how you can prepare these vital documents, visit the Power of Attorney section of our website and embark on the path toward securing your future today.