Imagine being in a hospital bed, unable to communicate with your loved ones or make decisions about your own medical treatment. Your partner, who has stood by your side for all these years, desperately wants to help. However, without proper legal authority, they cannot make decisions on your behalf.
This scenario unfolds far too often for unmarried couples who have not made the proper arrangements in their estate plans, specifically establishing a power of attorney (POA).
What is power of attorney?
For married couples, certain legal protections are automatically in place. However, if you are in an unmarried relationship, you may encounter significant challenges without a power of attorney. Essentially, this critical legal document empowers someone you trust to act on your behalf when you cannot. This individual, called your agent or attorney-in-fact, gains the authority to manage your financial affairs, make health care decisions, or both, based on the type of POA you create.
Why unmarried couples need a POA
Without the legal protections afforded to married couples, hospitals might deny your partner access to your medical information or prevent them from making health care decisions for you. This situation can cause significant distress, spark conflicts and even lead to lengthy legal battles.
Establishing a POA in New Jersey
In New Jersey, establishing a POA involves a straightforward process. You will need to create a document that clearly outlines the powers you grant and identifies the person you trust to act on your behalf. A notary public must witness you sign this important document.
Creating a power of attorney does more than just prepare you for life’s unexpected challenges. It builds a solid foundation for your relationship and demonstrates the depth of your commitment to each other. This legal tool empowers you to support your partner fully, even in difficult times.