There are standard forms readily available - most libraries probably have "how-to" books and samples. One does not need an attorney to create any of those documents. A good attorney could draft a tighter, more individualized, document, but most use boilerplates.
As I said, any couple can have problems with blood relatives interfering with their decisions. That said, rare indeed would be the judge (local or state) who would ignore overwhelming documentation of the patient's preference. Granting someone medical and/or general power of attorney, as well as trusteeship in the event of incapacity, is pretty convincing. Many couples (straight and gay) specifically exclude their blood relatives' interference, some spelling out in great detail the reasons for the exclusion. This is not so much an access problem as one caused by lack of information, misinformation, and a widespread belief that "it can't happen to me/us."
Almost all of the presumed security offered by state recognition to a legally married couple can be obtained elsewhere by unmarried couples. Employer-provided family health care has been an important exception, but is becoming less important as more and more companies, and government entities, grant partners benefits. |