Medical Power of Attorney

[Oldglory]

What is the name of your state (only U.S. law)? California

I know of a couple in a Domestic partnership for the past 20 years. Does a Medical Power of Attorney allow for either partner to have the right in case the other is mentally or physically incapacitated to move them from a medical facility (with doctor's approval of course) back home with them even if a next of kin wants them to live with them instead?

One more thing. Each partner has a joint checking account with each other. In the event of either partner's death is the surviving partner automatically the rightful owner of both accounts without interference from next of kins? What's the difference between that type of an account and an "In trust for" account? Or are they the same thing? Thanks for any replies and advice.

 

[LdiJ]

What is the name of your state (only U.S. law)? California

I know of a couple in a Domestic partnership for the past 20 years. Does a Medical Power of Attorney allow for either partner to have the right in case the other is mentally or physically incapacitated to move them from a medical facility (with doctor's approval of course) back home with them even if a next of kin wants them to live with them instead?

One more thing. Each partner has a joint checking account with each other. In the event of either partner's death is the surviving partner automatically the rightful owner of both accounts without interference from next of kins? What's the difference between that type of an account and an "In trust for" account? Or are they the same thing? Thanks for any replies and advice.

I am uncertain about the first issue as I have not studied domestic partnerships in CA that thoroughly. In a marriage, a spouse is automatically next of kin, ahead of any other family member. The same might apply to a domestic partnership.

However, as far as bank accounts are concerned, yes, with a joint account any money in the account automatically belongs to the surviving account holder.

 

[I'mTheFather]

If their domestic partnership is registered with the state, then the POA shouldn't even be needed. Each of them has the same rights as a spouse in California.

 

[Oldglory]

I am uncertain about the first issue as I have not studied domestic partnerships in CA that thoroughly. In a marriage, a spouse is automatically next of kin, ahead of any other family member. The same might apply to a domestic partnership.

However, as far as bank accounts are concerned, yes, with a joint account any money in the account automatically belongs to the surviving account holder.

Thanks so much for at least helping me with the bank account issue.

 

[Oldglory]

If their domestic partnership is registered with the state, then the POA shouldn't even be needed. Each of them has the same rights as a spouse in California.

They are not registered as domestic partners with the state of Calif. I don't believe that Calif. recognizes a common law marriage. Not that it matters but they are a hetrosexual couple. In that case do they need a Medical POA (signed before anything happens of course) to have a say as to where the mentally incapacitated partner will live after being released from a medical facility?

Do you know what the difference is between the rights to a joint bank account and an ITF account for the surviving partner in case of death or are the rights the same?
Thanks again for your reply.

 

[single317dad]

California regulations regarding domestic partners:

http://www.sos.ca.gov/registries/domestic-partners-registry/

 

[LdiJ]

They are not registered as domestic partners with the state of Calif. I don't believe that Calif. recognizes a common law marriage. Not that it matters but they are a hetrosexual couple. In that case do they need a Medical POA (signed before anything happens of course) to have a say as to where the mentally incapacitated partner will live after being released from a medical facility?

Do you know what the difference is between the rights to a joint bank account and an ITF account for the surviving partner in case of death or are the rights the same?
Thanks again for your reply.

The bank account answer remains the same no matter what relationship the two joint account holders have.

 

[anteater]

Do you know what the difference is between the rights to a joint bank account and an ITF account for the surviving partner in case of death or are the rights the same?
Thanks again for your reply.

With a joint bank account, the parties are present owners, with all the rights that ownership confers.

The "In trust for" type of account generally is not used now, having been replaced by Pay on Death beneficiary designations. But the principle is the same. The beneficiary has only a future interest - when the owner(s) dies. The beneficiary has no present interest.

 

[Oldglory]

With a joint bank account, the parties are present owners, with all the rights that ownership confers.

The "In trust for" type of account generally is not used now, having been replaced by Pay on Death beneficiary designations. But the principle is the same. The beneficiary has only a future interest - when the owner(s) dies. The beneficiary has no present interest.

Thanks for your reply. I knew that either partner has access to any bank accounts jointly owned prior to either's death. ITF, I think means only if the single owner of the account dies does the beneficiary have access to the account's funds. My concern was after death that a greedy relative might try to claim the deceased partner's half of the account but I guess that isn't the case? The surviving partner would only be able to claim what funds are in the "joint" account?

Still not clear on the Medical POA question. Does it mean that decisions such as where the incapacitated signer of the POA can be made by their designated agent even including where the incapacitated signer will live after being released from a medical establishment such as a hospital? No direct family member can step in and demand they live with them instead?

Thanks again.

 

[I'mTheFather]

Thanks for your reply. I knew that either partner has access to any bank accounts jointly owned prior to either's death. ITF, I think means only if the single owner of the account dies does the beneficiary have access to the account's funds. My concern was after death that a greedy relative might try to claim the deceased partner's half of the account but I guess that isn't the case? The surviving partner would only be able to claim what funds are in the "joint" account?

Still not clear on the Medical POA question. Does it mean that decisions such as where the incapacitated signer of the POA can be made by their designated agent even including where the incapacitated signer will live after being released from a medical establishment such as a hospital? No direct family member can step in and demand they live with them instead?

Thanks again.

The POA will allow the agent to make that decision. The family could try to challenge the POA in court, but if it was drafted correctly, it would stand.

Is there some reason they don't just get registered?

 

[Oldglory]

The POA will allow the agent to make that decision. The family could try to challenge the POA in court, but if it was drafted correctly, it would stand.

Is there some reason they don't just get registered?

The reason is (and they are relatives of mine) is that one partner is concerned about inheriting the other's debts if they were legal domestic partners and the one with the debts died first.

 

[stealth2]

The reason is (and they are relatives of mine) is that one partner is concerned about inheriting the other's debts if they were legal domestic partners and the one with the debts died first.

So, in other words - they want the benefits and not the risks.

 

[Oldglory]

So, in other words - they want the benefits and not the risks.

In a way but ultimately they want to make sure that if either one is in a coma or otherwise mentally incompetent that thru a Medical Power of Attorney they will be the care provider at home not some other family member. They have been together for over 20 years and are up in years and only want to be responsible for their own personal debts if one partner dies.

They have two joint checking accounts and were concerned that some greedy kids might go after the money rather than the surviving partner inheriting it. Afterall, it is money they both earned together over a long period of time living together.

I just don't know what to advise them and attorneys are expensive. it's nice to have this site to ask questions and get some valid answers for free. Appreciate all the help I have been given. I was wondering about those sites that offer POA forms for little money and if they are reputable and the forms complete enough to fit their needs. Any input on that?