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Ask-A-Lawyer


Q. If my partner was in hospital, wouldn’t I automatically have a right to make decisions about his health because we live together?

A. No. If you have been declared unable to make a health care decision for yourself, then the documents executed specifically for that purpose would be consulted—for example, a health care power of attorney or living will. If no such document exists, the person who will be consulted is a person with a legal relationship with you—a parent, spouse, sibling etc. The priority of the relationship may vary from state to state.

Judge Jerelyn D. Maher, Tremont, IL

Q. The man who was my “steady” moved in with me when his lease was up. He promised to pay half the rent on my apartment. He paid half the first month’s rent, but nothing else. He moved out two months later. Can I force him to pay his share of the last two months’ rent?

A. If the promise was oral only, then the agreement is probably not enforceable. There was no consultation other than possibly simple companionship, which alone normally does not create an enforceable agreement.

Judge Jerelyn D. Maher, Tremont, IL



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The American Bar Association Guide to Marriage, Divorce & Families
Copyright © 2006 American Bar Association