Questions About POA and Living Wills

What is the name of your state? NY
My partner and I are unmarried (as of now) but share an apartment. Due to family issues, we both want to make sure that the other has right to make decisions regarding health (neither of us want to be kept alive on machines, etc.) He also has a safe deposit box which is only in his name, and would like me to be able to get into it in the event of his death. Would a living will and Power of Attorney or Durable Power of Attorney (I'm not sure what the difference is) cover these issues?

Any advice would be appreciated.

Thanks,
J.

On the safe deposit box, both of y'all need to be on the banks records as authorized to get into the box. The bank doesn't give a rip what other kinds of docs you have. If you are not both on there, you will need a court order to get in.

You need two kinds of durable powers of attorney: one for healthcare purposes and one for financial purposes. You also need wills.

Make sure you get a lawyer to help you draw these up.

A power of attorney is you giving some authority you have to someone else. It expires with the death of the person who gave the power of attorney. Unless it is a durable power of attorney (your state laws tell you what that is), then the power of attorney expires with the incompetency of the person who gave the power of attorney.

Re: Questions about POA and Living Wills

seniorjudge said:

On the safe deposit box, both of y'all need to be on the banks records as authorized to get into the box. The bank doesn't give a rip what other kinds of docs you have. If you are not both on there, you will need a court order to get in.

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Thanks for the quick and helpful reply. One more question: can he leave the contents of the box to me in his will?

Thanks again!
J.

Q: Can he leave the contents of the box to me in his will?

A: He can leave anything that is his to anyone he wants (with the possible exception of Louisiana where it may be illegal to disinherit your kids).