Partner Up: Estate Planning for Domestic Partners

There’s no question that everyone can benefit from the security and peace of mind an estate plan provides. But married couples enjoy several basic legal protections—around medical decisions, assets, and custody—that domestic partnerships and other non-traditional arrangements do not. That gap makes estate planning for domestic partners all the more necessary.

Whether by convenience, personal preference, or life circumstances, domestic partnerships are an increasingly popular option. Today, more than 20 million people live in domestic partnerships—a number that has nearly tripled in the last two decades. Unfortunately, domestic partners lack the same rights and legal benefits as married couples. That leaves those 20 million people vulnerable to real headaches, heartache, and life-changing economic consequences when a partner gets sick, becomes incapacitated, or passes away. From children and property to healthcare and financial holdings, an estate plan establishes an essential set of protections for anyone in a domestic partnership.

Estate Planning Protections

The ways a comprehensive estate plan protects domestic partners are a sobering reminder of just how vulnerable those individuals are without one. Here’s what’s at stake.

Property Protections

Many domestic partners don’t own property jointly. Suppose your name isn’t on the deed and your partner passes away. Without an estate plan, there’s no way to legally prove they wanted the property in your name, or wanted you to keep living in the residence. Even the wording on the deed itself can make a big difference. That makes real estate rights and responsibilities a critical piece of any estate plan.

Powers of Attorney

If your domestic partner ends up in the hospital, you have no meaningful legal rights without a power of attorney. Even visitation can be a problem. Absent power of attorney documentation, the hospital will default to biological family members for decision-making. For better or for worse (no pun intended), societal norms still treat legal marriage as fundamentally different from a domestic partnership. Whether it’s a bank or a doctor’s office, everything from small conveniences to life-altering decisions can be taken out of your hands—unless you have a durable power of attorney in hand.

Custody and Family Considerations

For many domestic partners, custody is the single most important reason to have an ironclad estate plan in place. Domestic partnerships are uniquely vulnerable to losing custody of minor children. This is especially true for kids conceived through surrogacy who are biologically related to only one partner, and whom the non-biological partner hasn’t yet formally adopted. Family conflicts can add a complicating and concerning element, too. A member of your partner’s family might not approve of the relationship, or might have different plans and preferences for the children in question. What’s more, in the State of Michigan, assets not specified in an estate plan will likely go to a partner’s parents or closest living relatives. In other words, without an estate plan, a domestic partner may face devastating legal obstacles around custody and the transfer of assets after their partner’s death.

Funeral Arrangements

During one of the most painful and sensitive times of your life, the last thing you want is to have very personal, private funeral arrangements taken out of your hands. Unfortunately, that’s precisely what happens to many domestic partners who don’t have an estate plan in place.

Don’t Put It Off

The bottom line is simple. If legal documents don’t specifically delineate your rights, you could be vulnerable to having important decisions, assets, and even children taken from you. That’s why it’s so important to consider the bigger picture and not put off your estate planning responsibilities. Don’t fall into the trap of thinking these are issues you can handle down the road. Estate plans can always be changed during your lifetime. But they can’t be created for your partner after they’ve passed away.

For all intents and purposes, most domestic partnerships feel and function like legal marriages. The realization that you’re missing the critical rights and protections given to married couples can be shocking. So protect your partner, your interests, your assets, and your family. Work with a trusted estate planning attorney to make sure you have the same legal rights and safeguards as any married couple.