Couples living together in California without a formal marriage often assume that their rights and protections are the same as those of married partners. However, California does not recognize common law marriage formed within the state, which means cohabiting couples must take additional steps to ensure their legal and medical rights are protected. Understanding these protections is critical, especially when it comes to healthcare and medical decision-making.

California’s Position on Common Law Marriage

California abolished common law marriage in 1895. Couples cannot become legally married simply by living together, sharing finances, or representing themselves as married. Only a formal marriage, with a license and ceremony, creates marital status and the associated legal rights.

However, California Common Law Marriage legally established in other states, which can impact rights if a couple moves from a state where such marriages are valid.

Healthcare Decision-Making Rights

For married couples, California law automatically grants spouses the authority to make medical decisions on behalf of their partner if they become incapacitated. For unmarried cohabiting couples, the situation is different:

• No automatic authority: An unmarried partner does not have the legal right to make healthcare decisions without specific legal documentation.

• Limited hospital access: Hospitals may restrict visitation or medical information to legally recognized family members unless documents are in place.

Legal Tools for Healthcare Protection

Unmarried couples can protect their rights using the following legal documents:

1. Durable Power of Attorney for Healthcare

• Grants one partner the authority to make medical decisions on behalf of the other if they are incapacitated.

• Can cover decisions such as treatment options, surgeries, and end-of-life care.

Advance Healthcare Directive (Living Will)

• Specifies a partner’s wishes regarding life-sustaining treatments.

• Ensures that medical providers follow the incapacitated partner’s preferences.

HIPAA Authorization

• Allows healthcare providers to share medical information with the partner.

• Essential for coordination of care and timely decision-making.

By establishing these documents, cohabiting couples can ensure that each partner has a voice in critical medical decisions.

Financial and Legal Rights in Healthcare

Unmarried partners are not automatically entitled to health insurance coverage, hospital decision-making authority, or benefits like spousal Social Security or pension rights. Legal measures can help mitigate these gaps:

• Domestic Partnerships: Registration provides some protections, including access to employer-sponsored health insurance and spousal benefits.

• Cohabitation Agreements: Can outline financial responsibilities for medical expenses and healthcare costs.

• Estate Planning: Wills and trusts can ensure that one partner can manage medical bills or inherit assets needed for healthcare decisions.

Protecting Children’s Healthcare Rights

For unmarried couples with children, it’s important to note:

• Both parents are responsible for medical decisions regarding their children.

• Legal documentation is still recommended to establish custody and decision-making authority if one parent becomes incapacitated.

• Parenting plans can include healthcare provisions to ensure clarity and avoid disputes.

Risks of Not Having Legal Protections

Without proper legal documentation, cohabiting partners face several risks:

• Denied hospital access: Partners may be excluded from visitation or decision-making.

• Medical disputes: Family members may challenge a partner’s authority in court.

• Financial liability: One partner may be personally responsible for medical expenses without clarity on shared obligations.

These risks highlight the importance of legal planning for cohabiting couples.

Practical Steps for Cohabiting Couples

1. Execute a Durable Power of Attorney for Healthcare: Ensures decision-making authority.

2. Create an Advance Healthcare Directive: Protects treatment preferences.

3. Register a Domestic Partnership: Provides limited legal recognition and access to benefits.

4. Establish a Cohabitation Agreement: Clarifies financial responsibilities for healthcare costs.

5. Engage in Estate Planning: Ensures the surviving partner can manage medical and financial affairs.

Conclusion

California’s refusal to recognize common law marriages formed within the state places unmarried cohabiting couples in a vulnerable position when it comes to healthcare and medical decision-making. Unlike married couples, unmarried partners do not have automatic rights, making legal planning essential.

By establishing powers of attorney, advance directives, cohabitation agreements, and considering domestic partnership registration, couples can protect each other’s medical and financial interests. Proactive legal planning ensures that both partners have a voice in healthcare decisions and that their wishes are respected, even in unexpected circumstances.