NJSBA Family Law Section

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  • 1.  Directive for non-spouse & family members

    Posted 08-26-2016 06:19 PM

    Good Evening all,

    I have a client who has been ill off and on the past year and while she hasn't had any issues with her significant other being permitted entrance to see her at different hospitals etc...she fears she may have an issue in the future.  Client and her partner of nearly 20 years are not in a Civil Union, Marriage or registered domestic partners (and no children) but she wants to make sure her partner will never be turned away should Client need to be hospitalized etc... Is there any kind of specific document other than Durable Power of Attorney that can be used or drafted to safeguard this or specific language any of you can suggest that I can include in a Durable Power of Attorney for Health Care to guarantee hospital visitation rights and access to medical information for her partner.  Just want to make sure I don't leave anything out.  Anything anyone is willing to share is much appreciated.  Thank you.

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    Jennifer D. Armstrong, Esq.
    Jennifer D. Armstrong, LLC
    40 Bey Lea Road, Suite C204
    Toms River, NJ 08753
    732-281-6000
    [email protected]
    www.jdarmstronglaw.com
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  • 2.  RE: Directive for non-spouse & family members

    Posted 08-26-2016 06:39 PM

    Your client needs a proxy directive for health care written for her particular circumstances. I represent many same-sex couples as well as other non traditional family formations. When I return to office I will send you language I have developed over the years.

    Bill Singer

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    William Singer Esq.
    Belle Mead NJ
    (908)359-7873

    Original Message


  • 3.  RE: Directive for non-spouse & family members

    Posted 08-27-2016 09:01 AM

    As Bill wrote, a comprehensive health care power is necessary, as well as a stand alone Advance Directive/Living Will if that language is not incorporated into the health care power.  She should also know that under federal regulations put in place by the Obama Administration, any health care facility that receives Medicaid and Medicare reimbursement - so almost all - must allow a patient to designate a medical representative of their choice and if they refuse, they can lose reimbursements.  I have placed the citation to the regulation in my powers for all clients and have explained what it means so they can use it to challenge any issues. Finally, these are teachable moments with clients about the various other means of protecting them from estate and inheritance taxes through either creative estate planning or marriage/CU or if they are both over 62 getting inheritance tax exemptions through a NJ DP.  Omitting this discussion and then memorializing it in writing can be a problem for lawyers when one of these clients dies, leaving tens of thousands of inheritance taxes to be paid or leaving no will with the partner unable to inherit through intestacy.  I have never doubted the ignorance of these issues in my clients.


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    PLEASE NOTE MY NEW EMAIL ADDRESS: [email protected]

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    Debra E. Guston, Esq., C.A.E.
    Guston & Guston, L.L.P.
    55 Harristown Road, Suite 106
    Glen Rock NJ 07452
    (201) 447-6660
    Fax (201) 447-3831


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  • 4.  RE: Directive for non-spouse & family members

    Posted 08-27-2016 10:21 AM
    Thanks, Deb!  All very important points. 

    Obviously, whether or not to get married to one's long term partner is a highly personal decision with many significant factors to consider in each case.  I might, if the client was receptive and with full respect for her choices, explain the legal rights and responsibilities of marriage versus the status quo.  Just to give her another option to think about if she was at all interested. 

    Anne

    Anne Cralle, Esq.

    Sent from my iPhone



    Original Message


  • 5.  RE: Directive for non-spouse & family members

    Posted 08-27-2016 11:43 AM

    I totally agree with Deb. I have had numerous cases where clients thought they were "domestic partners" but never did anything to have their relationships legally recognized. As a result, they were subject to inheritance and estate taxes. Others saw assets pass to estranged family members of the deceased. There can be loss of Social Security benefits for dependents, loss of homes etc.

    There are definitely pros and cons of whether to have the relationship legally recognized. It is not for every couple, but to me, it borders on legal malpractice if an attorney fails to thoroughly discuss these issues with couples or members of a polyamorous relationship who are economically interdependent.

    You do not have to be a romantic relationship to be domestic partners as defined by NJ law. For example  two friends living together who are economically interdependent should consider d.p. There are many other similar situations .

    Civil unions are  still available for same--sex couples. I have clients still choosing this status over marriage, getting the state protections without federal recognition.

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    William Singer Esq.
    Belle Mead NJ
    (908)359-7873

    Original Message


  • 6.  RE: Directive for non-spouse & family members

    Posted 08-27-2016 05:10 PM
    William,

    I am curious why some couples still choose civil union over marriage.  I am guessing that one or both parties would lose some government or other benefit if they married.  Or perhaps the reasons are personal, religious or political? Can you share any specific examples from your practice about why some couples chose civil union over marriage?  I haven't had any clients choose this route after Windsor which is why I am asking these questions.

    Thanks very much, Anne

    Anne Cralle, Esq.
    [email protected]

    Sent from my iPad



    Original Message