Health care planning for same-sex couples
By Dana Dratch • Bankrate.com

In addition to estate planning, same-sex partners need to make sure they've covered the legal basics if one partner should ever be hospitalized or temporarily incapacitated.

Some items to consider:
Health care proxy or health care power of attorney. This allows you to appoint someone to make your medical decisions for you if you can't.

A living will. A living will makes your care wishes plain, as far as end-of-life decisions.

A "designation of agent." Some hospitals don't automatically accord visitation privileges to domestic partners. This document spells out who can visit you, who can set the visitation list and who the patient is designating as family. It's honored by most hospitals, says Joan Burda, attorney and author of "Estate Planning for Same-Sex Couples." Carry it with you when you travel, and keep a reduced, laminated copy in your wallet or purse. Get a copy at the National Center for Lesbian Rights.

A HIPAA authorization. A health care power of attorney can give your partner authority to make decisions on your behalf. But that does not automatically include the right to see and get copies of your medical records under the new regulations for HIPAA (the Health Insurance Portability and Accountability Act), a necessity for filing insurance claims, obtaining second opinions and making informed decisions.

The importance of the document is "huge," and "people don't really know" about it, says Todd G. Sears, vice president of Merrill Lynch. Get this document from your health insurance company, your attorney or your health plan administrator.

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