Estate Planning for Older Unmarried Couples Securing Your Future Together

Deciding whether to marry later in life is a deeply personal choice, with implications that extend far beyond joint holiday cards. For older unmarried couples, planning for health care and financial security becomes essential, especially as caregiving needs arise. Navigating this terrain without the legal structure of marriage can be challenging, but careful estate planning can provide clarity and protection.

Unique Challenges for Aging Unmarried Couples

Consider a couple together for nearly two decades, primarily living in the woman’s home. As her health began to decline with memory loss and frequent falls, her partner proposed moving to a continuing care retirement community, which adjusts care based on changing needs. However, her adult daughter, who holds power of attorney, objected. For now, the couple relies on home care aides, but the lack of legal clarity in their relationship poses a significant challenge.

This scenario illustrates the uncertainty faced by aging unmarried couples. According to 2023 census data, nearly 400,000 Americans over age 75 live with long-term partners without the legal protections of marriage. While remaining single can have financial advantages, such as preserving pensions, Social Security benefits, and simplifying the transfer of estates to children, it also requires proactive planning to avoid potential conflicts.

The Importance of Estate Planning for Unmarried Couples

For unmarried partners, estate planning is vital to ensure their wishes are respected in times of crisis. Without proper legal documentation, partners have no inherent rights in medical or financial decisions. Key estate planning tools for unmarried couples include:

• Advance Directives and Health Care Proxies: Designate your partner as the person to make medical decisions on your behalf if you become incapacitated.
• Durable Powers of Attorney: Grant your partner authority to handle financial matters if you are unable to do so.
• Wills and Trusts: Specify how your assets should be distributed, ensuring your partner is included in your estate plan.

These documents are especially critical for avoiding conflicts between partners and biological children, who may have differing priorities. For instance, an adult child could prevent a partner from being involved in medical decisions or even visiting a hospitalized loved one if no legal protections are in place.

Planning for Caregiving and Housing

Caregiving responsibilities often become a central issue for aging couples. Without a clear plan, decisions may be made hastily during a crisis. For example, if one partner owns the home and moves into long-term care, the other could face eviction. Addressing these concerns in advance provides stability and peace of mind.

Taking Action Now

Older unmarried couples must embrace estate planning to protect their rights and secure their futures. Procrastination can leave both partners vulnerable, especially in situations involving serious illness, incapacity, or death. Consulting an estate planning attorney ensures that your legal documents reflect your wishes and provide the necessary protections for your partnership.

Let Us Help You Plan

At The Werner Law Firm, we understand the unique challenges faced by older unmarried couples. Our experienced estate planning attorneys can help you create advance directives, health care proxies, powers of attorney, and wills tailored to your needs. With our guidance, you can protect your rights, preserve your relationship, and safeguard your future.

If you have any questions, schedule a free appointment with us through our online appointment page.

You can also read reviews from some of the hundreds of clients we have helped over the years.

Reference: The New York Times (Nov. 10, 2024) “For Older Unmarried Couples, Caregiving Obligations Can Be Murky”