he
answer again is "yes." Some examples:
- A recent article reported, incorrectly, that
marriage confers on partners "the right to make medical
decisions on behalf of one another. Without it, activists
say, same-sex partners essentially are strangers."20
The reality is otherwise. A competent individual controls
decisions affecting his or her own health care; marriage
does not change that. Marriage also doesn't affect an individual's
ability to choose in advance who will make decisions for
him or her in the event he or she becomes incapable. A durable
power of attorney allows the individual to select someone
to handle financial and health care decisions. For those
who desire court supervision in the event of incapacity,
a designation of conservator allows the individual
to select one or more conservators (guardians) who would
serve. A designation of health care agent allows
the individual to select who will implement his or her living
will in the event of a terminal illness.
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