3 Estate Planning Must-Haves for Unmarried Couples—Part 2



In the first part of this series, we discussed the estate planning tools all unmarried couples should have in place. Here, we’ll look at the final must-have planning tool.


Most people tend to view estate planning as something only married couples need to worry about. However, estate planning can be even more critical for those in committed relationships who are unmarried.

Because your relationship with one another is frequently not legally recognized, if one of you becomes incapacitated or when one of you dies, not having any planning can have disastrous consequences. Your age, income level, and marital status make no difference — every adult needs to have some fundamental planning strategies in place if you want to keep the people you love out of court and out of conflict.

In our last article, we discussed wills, trusts, and durable power of attorney. Here, we’ll look at one more must-have estate planning tool, which is designed to protect your choices about the type of medical treatment you’d want if tragedy should strike.


3. Advance health care directive

In addition to naming someone to manage your finances in the event of your incapacity, you also need to name someone who can make health care decisions for you. If you want your partner to have any say in how your health care is handled during your incapacity, you should grant him or her this power.

This gives your partner the ability to make health care decisions for you if you’re incapacitated and unable to do so yourself. This is particularly important if you’re unmarried, seeing that your family could leave your partner totally out of the medical decision-making process, and even deny him or her the right to visit you in the hospital.

Don’t forget to provide your partner with HIPAA authorization too, so he or she will have access to your medical records to make educated decisions about your care.

While an advance health care directive names who can make health care decisions in the event of your incapacity, it also explains how your care should be handled, particularly at the end of life.

It explains how you’d like important medical decisions made, including if and when you want life support removed, whether you would want hydration and nutrition, and even what kind of food you want and who can visit you.


Without a valid advance health care directive, doctors will most likely rely entirely on the decisions of your family when determining what course of treatment to pursue. Without it, those choices may not be the choices you—or your partner—would want.

We can help

If you’re involved in a committed relationship—married or not—or you just want to make sure that the people you choose are making your most important life-and-death decisions, consult with us at the Law Office of Keoni Souza to put these essential estate planning tools in place.

With our help, we can support you in identifying the best planning strategies for your unique needs and situation. Contact us today to get started with a Family Wealth Planning Session.


This article is a service of the Law Office of Keoni Souza, LLC, an estate planning law firm in Honolulu, Hawaii. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Family Wealth Planning Session, ™ during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by contacting our office today to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.


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All information available on this website is for informational purposes only and is not legal advice. You should contact an attorney directly regarding your specific situation. The use of and access to this website or the transmission of information via email or through this website does not create an attorney-client relationship between the Law Office of Keoni Souza, LLC and any users or any other party. Transmission of information via email or through this website may not be secure, therefore confidentiality cannot be assumed.  By using this website or transmitting information via email or this website, the user agrees to this information being collected, stored, or transmitted to a third-party.

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