12 Dec Medical Visitation Rights of Unmarried Couples in WA
Many couples in Washington State choose to build a life together without getting married. This arrangement, however, can become complicated when a medical emergency occurs. A sudden health crisis can create confusion and distress about your rights as an unmarried partner, particularly regarding hospital visitation and medical decision-making. Therefore, it is important to know your legal standing and what steps you can take to protect your partner and yourself. Here is what to know about the medical visitation rights of unmarried couples in Washington.
Hospital Visitation Rights
Washington State law provides certain rights to domestic partners. Since 2007, registered domestic partners have been granted specific privileges, including the right to visit their partner in a hospital. State regulations also allow partners to participate in medical care decisions and access their partner’s health care information.
However, these rights are most clearly defined for couples who have formally registered as domestic partners, and the eligibility for this label is strict. Without this legal status, your ability to visit or receive information may depend on individual hospital policies, which can vary.
Medical Decision Rights
In an emergency where your partner cannot communicate their wishes, you may not have the automatic right to make medical decisions on their behalf unless you have the proper legal documents. Washington law does not automatically grant this authority to unmarried partners simply based on their relationship. To have this power, you need to establish legal documents ahead of time. These documents clarify your role and give you the legal standing to act for your partner when they are most vulnerable:
- Durable Power of Attorney for Health Care: This document allows you to appoint your partner as your agent to make health care decisions for you if you become incapacitated.
- Health Care Directive (Living Will): This outlines your preferences for medical treatment in end-of-life situations.
- HIPAA Release Form: This authorizes health care providers to share your medical information with your partner.
- State-Registered Domestic Partnership: Registering as domestic partners provides many of the same rights as married spouses under state law, including those related to health care.
Protect Your Rights With a Common Law Marriage Attorney
Although Washington does not recognize common-law marriage, it does recognize committed intimate relationships (CIRs) in certain circumstances. These relationships can grant rights similar to marriage, but proving a CIR during a crisis is difficult. The most effective way to safeguard your future is to take proactive legal steps. If you need assistance understanding your rights as an unmarried couple, a common law marriage attorney at LaCoste Family Law can help you navigate these important issues. Inquire today.