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In taxes , what forms , are needed for civil unions in legal aspect to will and medical

Dallas, TX |

My partner and I have been together 20 years. need health and will legal documents

Attorney Answers 3


  1. If you are referring to same-sex civil unions, they are not recognized in the state of Texas.  Until the Supreme Court brings change in this area, there are many family law attorneys in the Dallas area who can assist you in filing the proper contracts and documents needed to protect your partner in case of emergency.  An estate planning attorney may also fill this need as to medical and durable powers of attorney, and valid wills.  Good luck. 

    This answer is general information which does not establish any attorney-client relationship between the person asking a question and the person answering, or a duty to respond to ongoing questions; nor is it intended to replace competent legal assistance in the jurisdiction where the matter/issue arises or is before a Court.


  2. At a minimum, you would want to consider Wills and Durable Power of Attorney forms for financial and medical matters. If you have additional objectives, such as avoiding the need for probate, then additional planning would be needed. Estate planning is always best done by an estate planning attorney.

    You are very wise to take care of this. As my colleague has indicated, civil unions do not have legal recognition in many states, so in the absence of proper planning, there would be no rights.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  3. If you are a same-sex couple, you absolutely need to consult a probate attorney. Texas does not recognize civil unions and offers no protection to same-sex couples. So, in order for your partner to inherit from you, make medical, financial, or other decisions if you are incapacitated, you have to have an estate plan. At a minimum you will each need a Last Will and Testament, Statutory Durable Power of Attorney, Medical Power of Attorney, Directive to Physicians (Living Will), HIPAA Release, Declaration of Guardian Before the Need Arises (can be put in the will), and Appointment of Agent for Disposition of Remains. If you have minor children, you will also want to execute a Designation of Guardian for the children. You may also want a cohabitation agreement or property agreement between the two of you to define the ownership of property and expectations of each person.

    If you are not a same-sex couple, it is still advisible to have the above documents. You should be aware that Texas recognizes common law marriage, so you have to be careful about how you treat your relationship to avoid creating a common law marriage.

    Please consult an estate planning attorney as soon as possible. The Human Rights Campaign website has a list of LGBT friendly attorneys throughout the country.

    Good Luck!
    Jessica Newill
    Newill Law Firm

    This answer contains general information. None of the information contained in this communication is intended as legal advice. You should neither act nor refrain from acting based on information obtained from the exchange of messages on this website. None of the information contained in this answer is privileged or confidential. You should retain an attorney to provide legal advice regarding this issue. Newill Law Firm provides estate planning and probate services. Call (210) 383-0546 for a FREE initial consultation.

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