Wills and Durable Power of Attorney for Health Care

An unmarried cohabitant is not automatically entitled to a share in estate of the other partner. An unmarried cohabitant can however prepare a will leaving his or her estate to the other partner. If a cohabitant dies intestate, the other partner will not be entitled to a share in the deceased partner’s estate under intestacy laws. A cohabitant can claim a share by arguing that there was a financial or property sharing agreement but such claims is generally difficult to prove. Having a valid will in place is the best way to overcome this problem.

If one partner is incapacitated and requires a guardian, it can cause problems. Having a valid durable power of attorney authorizing the other partner to take decisions on behalf of the incapacitated partner can help overcome this problem. The other partner can take healthcare decisions for the incapacitated partner. The partners can also have living wills in place to ensure that their wishes regarding their treatment are honored.

Would you like to discuss your legal matter?


Contact Us RECEPTION (209) 492-9335

Click Here to Request a Consultation Via Chat

Our receptionist will assist in scheduling new and existing clients for all offices. For initial consultations we will ask you a few questions and then find the best time for you to talk to one of the lawyers that best fits your legal matter.

Call us or use the email form and we will follow up with you right away.


The Law Offices of Tom Hogan will provide you with personalized attention and guidance. Protecting your rights is our main objective. We have been representing clients for the past 30 years and our experienced team of attorneys will advise you of the legal consequences of every decision you take.