Q: Would a Durable Power of Attorney and a Health Directive give an unmarried couple the same rights as a civil marriage?
There are no children involved in the 18-year relationship. We are more concerned with something unexpected such as an accident rather than separation.
A:
No, durable powers of attorney and advance medical directives do not create the same rights and duties as marriage. The public policy of the Commonwealth support marriage as a fundamental institution of society in ways not enjoyed by mere parties to a contract. Spouses enjoy a number of rights and presumptions, some of which cannot be revoked or eliminated at the discretion of the other spouse a power may be, although many will be severed by divorce. Just to give a few examples, spouses not only stand to inherit in the absence of a will, but can also renounce the will and receive an elective share of the deceased spouse's augmented estate. A widower spouse will be the first in the order of preference as a beneficiary of certain retirement benefits if there is no named beneficiary. In the absence of a premarital or marital agreement, spouses have rights to support and the equitable distribution of marital property and marital debt.
If you are only concerned about decision making by the competent party after an accident, then a power of attorney and advance medical directive may be sufficient.
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