Can an Unmarried Partner Make Medical Decisions for You?

Why partners are often left out of hospital decisions, and the two documents that fix it.

By No Brainer Forms Team Updated 3 min read

Key Takeaways

  • If you can’t make your own medical decisions and haven’t named anyone, state law decides who can; in many states, an unmarried partner is low on the list or not on it at all.
  • A health care power of attorney lets you name your partner as the person who decides.
  • A HIPAA release lets doctors share your medical information with your partner.
  • A living will tells your partner and doctors what you’d want, so your partner isn’t left guessing.
  • Hospitals that take Medicare or Medicaid must let you choose your visitors, but visiting rights aren’t decision-making rights.

Who decides if you can’t?

When a patient can’t make or communicate medical decisions and hasn’t named a decision-maker, doctors turn to state “surrogate consent” or “default surrogate” laws. These laws rank who can decide, typically:

  1. A court-appointed guardian
  2. A spouse
  3. Adult children
  4. Parents
  5. Adult siblings
  6. Other relatives, and in some states, a close friend or domestic partner

The order varies by state, and some states don’t include unmarried partners at all. That means your parents or siblings could be making decisions you’d want your partner to make, or disagreeing with your partner at the bedside.

The fix: two documents

Health care power of attorney

A health care power of attorney (also called a health care proxy, medical power of attorney or advance directive appointing an agent) lets you name your partner as your agent. Once doctors determine you can’t decide for yourself, your agent’s authority generally comes before the default surrogate list. Name an alternate too, in case your partner can’t be reached.

HIPAA release

A HIPAA release lets providers share your health information with your partner, even while you’re still able to make your own decisions. See HIPAA release vs. health care power of attorney for how the two work together.

With and without the documents

SituationNo documentsHIPAA release onlyHealth care POA plus HIPAA release
Get updates from doctorsOnly at the provider’s discretionYesYes
Visit you in the hospitalYes, if you can designate visitorsYesYes
Consent to surgery if you can’tDepends on state law; often noNoYes
Decide about life supportDepends on state law; often noNoYes, guided by your living will
Override relatives who disagreeNoNoYes, as your appointed agent
What your partner can do in a medical emergency

Add a living will

A living will records your wishes about life-sustaining treatment, such as ventilators and feeding tubes, if you’re terminally ill or permanently unconscious. It gives your partner clear instructions and makes it harder for anyone to second-guess them.

Practical tips

  • Sign both documents now. Emergencies don’t wait, and these are among the quickest documents to complete.
  • Follow your state’s signing rules. Health care powers of attorney often require witnesses, a notary or both.
  • Give copies to your doctor and keep them on your phone.
  • Tell your family. Letting relatives know your partner is your agent reduces conflict later.

Frequently asked questions

Is my unmarried partner my next of kin?

Generally not, legally. Next of kin usually means a spouse or blood relatives. A health care power of attorney lets you choose your partner regardless.

Can my partner visit me in the hospital without documents?

Usually yes, because hospitals that participate in Medicare and Medicaid must allow patients to choose their visitors, including partners. Making decisions is a separate right that requires a health care power of attorney.

What if my family disagrees with my partner?

If you’ve named your partner as your health care agent, your partner has the legal authority to decide, guided by your wishes. Without that document, your family may have priority under state law.

Do we need a lawyer to name each other as health care agents?

Not necessarily. Many people complete these forms themselves. The key is following your state’s signing requirements, such as witnesses or a notary.

Does a domestic partnership registration give my partner medical decision rights?

In some states it does, but the rules vary and may not apply if you travel or move. A health care power of attorney works more reliably everywhere.

Keep reading

Make sure your partner can be there for you

Give each other access to medical information and put your partnership in writing with HIPAA, medical authorization and a domestic partnership agreement. The No Brainer Box adds powers of attorney and a living will.

  1. Answer a few simple questions online
  2. Download your completed, ready-to-sign forms
  3. Sign them and keep copies in your account
Protect our partnership →

This guide is general educational information written by the No Brainer Forms Team. It is not legal advice, and No Brainer Forms is not a law firm. Laws and signing requirements vary by state; for advice about your situation, talk to a licensed attorney in your state.