Not for me but my sister. Are registered domestic partners also considered next-of-kin in regards to medical authorizations, dying intestate, disposal of the remains, etc.
If the state is important, assume it’s California.
I am not a lawyer. I am not your lawyer. Nothing in this post should be considered legal advice. I highly recommend your sister contact an attorney who specializes in this area of law, since it’s in flux and requires someone knowledgeable about the issues to navigate.
In California, as of 2005, domestic partnerships are treated legally equivalent to marriage for all legal purposes except for taxation. However, the legislature passed a law which basically says to add the words “domestic partner” to anywhere in the CA code that you find the word “spouse.” As a result, some of the legislation reads in a conflicting manner, and these issues will need to be litigated before there is any certainty.
Secondly, with regards to property rights of DPs, the legislature has attempted to make community property rights retroactive to the start of the DP, rather than to just 2005. It is unclear whether such a move is allowed under the CA constitution.
Finally, CA’s DP legislation does not override existing Federal legislation regarding spouses and marriages. Once again, this has created seeming conflicts in the DP law that will require courts to address before they are settled.
So, generally for issues that are governed under state law, the DPs will be considered next-of-kin (w/ the possible exception of property rights). However, a lawyer would need to analyze the specific facts of your sister’s circumstances to determine what rights she has.
And yes, the state is very important, and it also is important if your sister changes states in the middle of the DP. Once again, consult an attorney.
I should also add that there are several organizations in California which provide discounted or free legal advice to people. If money is a problem, your sister should avail herself of one of these. I can’t recommend any, but you should be able to search on the internet for some of the gay legal defense organizations and go from there.
Actually, the question is more for future reference. My sis and her DP have a minor child so should anything happen to her would her DP be able to make medical decisions or would I? You also talked about property rights. What property rights fall under Federal jurisdiction in regards to wills. I thought that wills (or lack thereof) would be under state law.
I haven’t studied family law, so I can’t give you any concrete pointers on the minor child. The law regarding custody issues over non-genetically related children is pretty complex, and it might be better for the non-parental spouse to adopt the child to avoid future problems. Once again, this is something an attorney is best poised to advise on. I can only throw out possibilities. I have read some cases where the non-parental spouse did not get custody rights after the dissolution of the marriage. Whether the reasoning would carry over into DPs is something I don’t know.
As for property rights:
Certain Federal guidelines regarding property trump state rules. For example, some Federal bonds, some federally regulated pension/retirement plans, social security benefits, millitary spousal benefits, etc. are governed by Federal rules and not state law - either for the purpose of marriage or disposition of assets at death. You’d have to ask me about a specific item for me to give you an idea of whether or not there will be any issues that crop up.
Saint Cad, take a look at the publications put out by this firm in San Francisco. They answer your questions, and also make some excellent points about the limitations of domestic partnership law (i.e., that your rights end at the state line). In my opinion (this is not legal advice), no one – gay or straight – should rely on the state to do what they want after their death or incapacitation. Each of us should examine our own situation and draft the legal documents we need so that the right person can take care of us in the event something bad happens.
This means living wills, medical powers of attorney, etc., all of which are statutory in California, and the Code has a form your sister and her DP can use. Incidentally, if your sister is in the Bay Area, the firm whose website I linked to has free seminars that they offer that explain much of what you’re asking about here. It’s not my area of the law, but I understand that they are pretty good.
No, I don’t have a will. Stop nagging me!
and what about your IRA? have you opened that yet??
just thought we’d get all the nagging done in one session.
Dad? You post on the Dope and pretend to be from Canada?!?!?!
Okay, true story: I drafted my will once. I was going on vacation with my parents and realized that under intestacy laws, they take if I die (which I’m fine with), but if we all died together, then my estate would be split amongst my siblings. As my estate at the time consisted of a ten year old car, a TV, VCR, about $200 and a poster of Jean Claude van Damme (don’t ask), I thought that making my siblings split all that would be beyond cruel. So I wrote a will just before I left for vacation.
Although there were points during that vacation where I wished I were dead (never spend ten days on a small island with my father), and one or two points where I thought my parents were dead, no one died. When I came home, I tore up my will. So now if I die, my parents get everything. Which I’m still fine with. They’re good people, even if I don’t want to be stuck on an island with them ever ever again.
Regarding the child, a quick something that you ought to encourage them to do is to get a signed, notarized statement giving their wishes regarding care of the child if either parent were to die or be incapicitated. Then keep a copy, and get copies around to various relatives, like you.
The effectivness of this will depend on state law, and probably won’t be as good as Campion’s references. But it’s certainly something cheap & fast to do in the meantime, and would make their intentions clear if it’s ever needed in court.
The welfare of the child is not at issue (the father would get custody). I raised the point since she is a minor, she would not be able to give medical authorizations. The other issue would be if she would get my sister’s estate (if she died intestate) or would my sister’s DP get it?
Nobody should die intestate (unless you have no assets to speak of). You should create a revocable trust, which means the assets don’t have to go through probate and can be dispersed according to whatever terms you want. You should consult an attorney to create one of these.
Under CA law, a spouse is entitled to all of the community property and anywhere from 1/3 to 1/5 of the deceased spouse’s separate property if the deceased spouse dies intestate. Because, as I stated earlier, DPs are equivalent to spouses for this purpose, presumably the same rules apply.
Oops, I should clarify. As I stated earlier, because the legislature attempted to make the community property rules retroactive, it’s not clear at this time whether this is consitutional for DPs formed before 2005. The statement above only applies to DPs formed in 2005 or after.
Aaack! I made another mistake. The surviving spouse is entitled to either all, 1/2 or 1/3 of the deceased spouse’s separate property if the deceased spouse dies intestate. The amount the surviving spouse gets is determined by what other next of kin the deceased spouse has.
Furthermore, there are different rules governing property inherited from a previously deceased spouse – that is if the spouse who is deceased inherited property from a previous marriage.
Some generational views are universal, crossing national boundaries. 
Just as well - I wouldn’t want the van Damme poster, thanks.