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Kutz & Bethke LLC offers two Domestic Partner Packages. The Simple Domestic Partner Package consists of a Designated Beneficiary Agreement and a Domestic Partnership Agreement. The Basic Domestic Partner Package adds two Durable Powers of Attorney (for financial purposes), two Medical Durable Powers of Attorney, and two Wills. These documents perform the following functions —

The Simple Domestic Partner Package Consists of:

  • A Designated Beneficiary Agreement (DBA). This agreement, first authorized by House Bill 09-1260 as of July 1, 2009, permits partners to designate each other as intended beneficiaries for a number of purposes ranging from insurance policies to workers compensation, as well as assuring simple rights of visiting loved ones in a hospital and participating in medical decisions.
  • A Domestic Partnership Agreement. This agreement states basic terms (especially financial) for your ongoing relationship. It is similar to a pre-nuptial agreement, while serving some different purposes.

This package can be supplemented with A Power of Attorney for Guardianship. This allows a parent to give a partner authority to receive school information, pick up children from school, etc. A POA for Guardianship lasts one year, but can be renewed. It is subordinate to court orders.

The Basic Domestic Partner Package Adds:

  • Durable Powers of Attorney. These documents allow you and your partner to act in each others’ stead, especially if one of you is unable to act for him-or-herself, on all financial matters.
  • Medical Durable Powers of Attorney. These documents give partners rights to be involved in each others’ medical treatment, and to act in each others’ stead in medical matters, when one partner is unable to act for him-or-herself. Each Medical Durable POA is tailored to include individual instructions on common issues in treatment of people who are incapacitated or under end-of-life care. This goes well beyond the statutory DBA in assuring that your partner speaks for you, if you cannot, on medical matters.
  • Wills. While not the equivalent of full estate planning, these documents are more than simple wills. They provides for inheritance of your property, and certain common contingencies — including potential inheritance by minors or persons under a disability.

This package can be supplemented with A Power of Attorney for Guardianship and/or a Supplemental Needs Trust. This form of Trust provides for a modest inheritance by a person with a disability to be managed so that important governmental benefits (such as Medicaid) are not cut off.

For more information contact: Amy Winston

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