Many couples spend their lives together without ever making their relationship legally official. Unfortunately, without proper estate planning, this can lead to devastating consequences if one partner becomes ill or passes away. A recent article in The Parkersburg News and Sentinel shared the heartbreaking story of Bill and Denise, an unmarried couple who spent 30 years together but never planned for the future.
When Bill fell ill, his brother took full control of medical decisions, preventing Denise from visiting him in the hospital. After Bill’s passing, the brother arranged the funeral without her input, took possession of the home they had shared, and even claimed their beloved pet. Denise was left with nothing—all because she and Bill had never put legal protections in place.
This unfortunate situation could have been avoided with a few essential estate planning documents.
To ensure that your partner is legally protected, consider the following steps:
A Medical Power of Attorney allows you to designate your partner as your decision-maker in the event of a medical emergency. Without this document, hospitals and doctors may only communicate with immediate family members, leaving an unmarried partner powerless in critical situations. This legal authority would have allowed Denise to stay by Bill’s side and advocate for his care.
A Living Will outlines your wishes regarding medical treatment if you become incapacitated. A DNR Order prevents medical professionals from performing CPR if you do not wish to receive life-saving interventions. Having these documents in place ensures that your partner—and not estranged family members—can honor your healthcare preferences.
A Durable Power of Attorney (POA) grants your partner the ability to handle financial and legal matters on your behalf. Without a POA, a court could appoint another individual—such as a sibling or parent—to manage your affairs instead. This could result in a situation like Bill’s, where a family member takes control against your wishes.
A revocable living trust allows you to designate your partner as the beneficiary and trustee of assets such as a home. This ensures that property passes directly to your partner upon your death, preventing disputes from family members who may try to claim ownership. Had Bill placed his home in a trust for Denise, she would not have been forced to leave.
Certain assets, such as retirement accounts, life insurance policies, and bank accounts, allow you to name a beneficiary. By listing your partner as the designated recipient, you ensure that these assets pass directly to them, bypassing probate and preventing interference from other relatives.
A will provides a clear directive on how your assets should be distributed after your passing. It also allows you to name an executor—someone you trust—to manage your estate. Without a will, state laws determine who inherits your assets, which often excludes unmarried partners. Had Bill created a will naming Denise as his executor and heir, his brother would not have been able to take over.
Estate planning isn’t just for married couples—it’s for anyone who wants to protect their loved ones from legal and financial hardship. Unmarried couples, in particular, face unique challenges when it comes to inheritance and decision-making authority. By working with an experienced estate planning attorney, you can put legal safeguards in place to ensure your partner’s rights and future are protected.
At The Werner Law Firm, we help couples create comprehensive estate plans that provide peace of mind and legal protection. Whether you need to establish powers of attorney, trusts, or wills, our experienced estate planning attorneys are here to guide you through every step.
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 Parkersburg News and Sentinel (Jan. 8, 2025) “Legal-Ease: ‘How things might have been’”
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