Legal Question in Wills and Trusts in California

I live in CA. Live with my boyfriend for 5 years. He is facing Cancer and if he is unable to make decisons on his behalf he wants me to. Also take care of everything is he passes. Can I do this or do we have to be married?


Asked on 12/29/09, 3:19 pm

3 Answers from Attorneys

Michele Cusack Pollak & Cusack

you do not have to be married, but you will not inherit unless has a will designating you as his heir (and executor). He should also execute a power of attorney and health care directive so that you can take care of things while he is alive and too ill to handle them himself.

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Answered on 1/03/10, 3:22 pm
Robert F. Cohen Law Office of Robert F. Cohen

In addition to what my colleague to the north has suggested, the Probate Code contains a statutory will form that does away with the necessity for having two witnesses. It might suit your boyfriend's needs. Also, most hospitals have the health care power of attorney form on hand. You might have him talk to the hospital's social worker or even his doctor about that. As for his finances, he will need a power of attorney -- perhaps one that is "springing," -- i.e. springs into effect upon his inability to make decisions, as decided by his primary physician in a signed statement.

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Answered on 1/03/10, 4:37 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

I can draft the documents that you need for a reasonable fee. Contact me directly.

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Answered on 1/05/10, 11:14 am


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