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How can I give power of attorney to my partner without marrying him?

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  • 09-09-2014 2:46pm
    #1
    fro9etb8j5qsl2
    Closed Accounts Posts: 2,391 ✭✭✭


    Basically, myself and my OH have one child together and another on the way. We have no intention of getting married but I would like him to be classed as my next of kin, ie, able to make medical decisions on my behalf in an emergency etc. How do I go about doing this?


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    #2
    lazygal
    Registered Users Posts: 12,644 ✭✭✭✭lazygal


    If you go to a solicitor they'll probably tell you the simplest, easiest and cheapest way to do this is to get married.

    Otherwise you'll have to draw up some sort of legal agreement and update it regularly to take account of any changes - but this can always be challenged in court by your current next of kin which if you're not married are your parents.

    Without getting into specifics, is there a reason you don't want to get married? Its a very handy way of tying up loose ends, especially if you have children.


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    #3
    fro9etb8j5qsl2
    Closed Accounts Posts: 2,391 ✭✭✭fro9etb8j5qsl2


    Yes, there are a few personal reasons why I don't want to get married just yet (he's mad to do it as he would get my tax credits haha :) ) so I'm just looking for a way of making everything clear until we do tie the knot.


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    #4
    pwurple
    Closed Accounts Posts: 12,449 ✭✭✭✭pwurple


    You'd have to ask your solicitor, but I'd imagine if it can be done it's going to cost you a boatload more than the 200 quid to get married.

    If you don't want to be married to him, I'd question giving him next of kin or other rights.

    Ps, hope you have a decent will made out with one child already, another on the way, and a complicated family arrangment.


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    #5
    Moonbeam
    Moderators, Education Moderators, Society & Culture Moderators Posts: 18,953 Mod ✭✭✭✭Moonbeam


    our solicitor suggested getting married.


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    #6
    fro9etb8j5qsl2
    Closed Accounts Posts: 2,391 ✭✭✭fro9etb8j5qsl2


    pwurple wrote: »
    You'd have to ask your solicitor, but I'd imagine if it can be done it's going to cost you a boatload more than the 200 quid to get married.

    If you don't want to be married to him, I'd question giving him next of kin or other rights.

    Ps, hope you have a decent will made out with one child already, another on the way, and a complicated family arrangment.

    It's nothing against him personally, it's just my own situation that's stopping me and I won't be in a position to get married for another few years. I guess it's not as simple as I had hoped :(


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    #7
    Hannibal Smith
    Closed Accounts Posts: 3,893 ✭✭✭Hannibal Smith


    There's an enduring power of attorney that you can both sign, giving you both rights in the event yiu become unable to manage your affairs.

    Make you sure you've both got wills made up and if you own property you own as joint tenants.

    All this can be done through your solicitor. Please don't draw anything up yourself without legal advice.

    I thought tax credits could be shared nowunder the new co-habitation legislation?


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    #8
    Fingers!
    Registered Users Posts: 48 ✭Fingers!


    Hannibal Smith wrote: »
    I thought tax credits could be shared nowunder the new co-habitation legislation?

    Excuse my ignorance. What new legislation is this?

    All I've seen online is
    2. CPCROC Act 2010, and long-term opposite-sex and same sex cohabiting couples who are not married or in a civil partnership.
    2.1 I am not in a civil partnership but am living with my partner. Can I be treated for income tax purposes in the same way as couples in a marriage or civil partnership are treated?
    No, you are assessed as a single individual. Joint or separate assessment can only be claimed if you are married or in a civil partnership


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    #9
    FactCheck
    Closed Accounts Posts: 397 ✭✭FactCheck


    Khalid Uninterested Smile wrote: »
    It's nothing against him personally, it's just my own situation that's stopping me and I won't be in a position to get married for another few years. I guess it's not as simple as I had hoped :(

    If your situation is that you've previously been married and you are waiting for your divorce to come through, definitely see a solicitor because this is quite complicated.

    If it's a personal issue stopping you, would you consider just going to the registry office the two of you and marrying without telling any friends or family? It's perfectly legal not to make a huge announcement. You will need witnesses but they don't have to be friends or family. That way you get the legal protection, for the frankly bargain price of 200 euro vs what you would be paying solicitors, but nobody but yourselves need know about it.

    Then a few years down the line you could have the big party, if you wanted.

    I hope that's helpful - it's hard to know what to suggest without knowing your circumstances.


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