Do you ever have problems communicating with your Doctor?

When we are sick and needing information from our health care provider, sometimes it can be a real challenge to get our call in and get a response back that is helpful. It is that much more difficult if you are SO sick that you can barely call on the phone. This is the reason that a Health Care Power of Attorney is vital. You can give the legal authority to the person you want to follow up with your doctors or coordinate care at the hospital. If you are married, your spouse does not have any extra authority to get information than that of other family members or friends. A Health Care Power of Attorney is still needed. Also, don't forget to list an alternate in case something happens to both you and your first agent listed.

Does your Deed Realy Avoid Probate?

I find that many couples who think their deed to their home will avoid probate, find out too late that it does not. Even if the other owner is your spouse, you still need the deed to say it is owned "with right of survivorship." Otherwise, if one of you dies, the other will have to go to court and have it probated. In addition, title companies requires that the owners each sign an "acceptance" saying that they agree to set aside their heirs' rights so the house can go to the other joint tenant or owner. Without the acceptance language on the deed, a title company will likely require probate before the house can be sold with title insurance. If your house is titled in the name of your trust, problems still can occur if the legal description was not complete or the names of the trustees and initial beneficiaries are not listed. When you seek an estate plan, you will also need your deeds checked to make sure probate is avoided, if that is your goal.

Same Sex Couples--Legal Solutions for Estate Planning Problems

Same sex couples truly can benefit from estate planning. A trust and powers of attorney can give legal authority to your loved one -- to help you if you are ill, incapacitated or even make sure the loved one receives your assets the way you want. For more information see the article on my website under About Living With People, Domestic Partners Should Not Be Legal Strangers.