How can I ensure that my domestic partner will be empowered to handle my medical care and financial decisions?
I have appointed my domestic partner as my agent in a durable power of attorney for healthcare and finances. My family members are only interested in getting money I receive from my pension and have hinted they will contest the DPA or even seek guardianship over me. I have ALS and my health will deteriorate to the point where I will be incapacitated. I ONLY want my domestic partner to make ALL decisions on my behalf. Is there a way to block the family from seeking control?
Expert Answer
You have taken good solid steps to ensure that your wishes are protected from a legal standpoint.
Check the ownership designations on other types of property or benefits you may own. You may also be able to name your partner as immediate beneficiary of property such as pension rights and the pay-on-death beneficiary of bank or savings accounts, would also strengthen your legal stance.
You might also reaffirm your feelings with your doctors and any other medical professionals involved in your care so that there is no doubt in their minds about your wishes.
And finally, consider attaching a letter to both or your powers of attorney simply stating that you want to have your partner make decisions for you rather than any family members, and that you urge all involved to respect and honor your wishes. The letters will not have specific legal effect, but they can sometimes speak loudly to those who might be tempted to override them. And should there be any later attempted contest, they will, again, strengthen your position.