Other Legal Protections For Same-Sex Couples
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another person to make those decisions instead of the family member.
Under Mass. Gen. Laws, chap. 201D, a person may appoint a health care
agent to make decisions for him or her upon incompetence. This can be
revoked at any time by creating a new health care proxy or by a clear
expression of revocation. People often give a copy of the health care
proxy to their doctors and sometimes to family members.
4. Will:
Without a will, a deceased unmarried person’s property passes
to: (1) his or her children; (2) his or her family; (3) if next-of-kin cannot
be located, to the state. If the person wishes to provide for others, such
as his or her partner, a will is essential. Even if a person has few
possessions, he or she can name in the will who will administer his or
her estate. If a person has children, he or she can nominate the future
guardian of the child in a will. If you marry, any existing wills are
revoked unless they indicate the marriage in some way.
5. Funeral Planning Documents: Upon death, a person’s body is given
to their next-of-kin. This can mean that a person’s own partner has no
right to remove the body or make plans for a final resting place. But if a
person leaves explicit written directions giving another person (such as
their partner or a friend) control over the funeral and burial
arrangements, any confusion can be avoided. Some people include these
instructions as part of a will, but since a will may not be found for days
after death, it is preferable to give the instructions to the person you
want to take care of matters as well as to family members.
6. Living Will: Within a health care proxy, language may be inserted
stating what the individual wishes regarding termination of life support,
preferences for types of medical care, or limits on the agent’s authority.
7. Temporary Agent or Guardianship: Parents, particularly those with
serious illnesses, may either appoint a temporary agent
for a period not
exceeding 60 days or appoint a guardian
whose appointment takes
See generally, G.L. ch. 190B, Articles II & III.
G.L. ch. 190B, Article V, § 5-103.
G.L. ch. 190B, Article V, §§ 5-201—5-212.