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Planning for Singles - By Tim Barkley

In our last column, we discussed planning for unmarried couples. For legal purposes, an unmarried couple is two single people, even though in their relationship they might see themselves as much more.

Planning for unmarried couples, then, is planning for single people with a particular set of expectations about their future. Planning for singles, whether in couples or individually, requires sensitivity to several issues.

The law presumes that traditional family bonds take precedence over other relationships. Thus, sometimes much to the shock of singles, the claims of parents, children or other more distant relatives can “trump” those of friends or those who, rightly or wrongly, consider themselves “more than just friends.”

Because the law requires certainty, it is presumed that those who want others to make decisions for them will formalize that delegation. If no such authorization exists, the law presumes that the natural bonds that have historically produced a commitment to the well-being of others will influence the decision-maker to faithfully care for one in need.

This means that, if you don’t want your family deciding about your medical care, paying your bills, deciding where you will live, and other crucial matters, you need to put your intentions on paper, preferably in a formal legal document. More than that, if you know that family members will differ on these matters, you need to choose which family members will provide for your needs when you are helpless to articulate your choices.

Your planning should involve three documents, at a minimum.

First, you need a medical directive. This instrument will delegate power to someone you choose, and give that individual guidance as to what care you wish to receive, and under what circumstances.

Second, you need a power of attorney. This document gives someone authority to manage your financial affairs and related matters.

Third, you need a will. A will details where your possessions go at your death, and names someone to handle your affairs and, if appropriate, serve as guardian of your children.

Other documents, such as trusts, might be indicated in your particular situation. Your planning professional can assist you in choosing how best to provide for yourself and those you love.

Don’t depend on chance. Take the time to consider how to provide for your own needs in the future, and then invest in carefully drafted legal instruments that will effectuate your plans.
 

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The Tim Barkley Law Offices
P.O. Box 1136
Mount Airy, Maryland 21771
(301) 829-3778

tbarkley@barkleylaw.com