19Evidence A

While both partners are of sound mind, complete power of attorney, designated guardianship, and wills: Legally, you are not close relatives; without these, you will have no signing authority or inheritance rights.

Legal close relatives include spouses, parents, children, and siblings; partners are not included. If documents are not prepared in advance, one party cannot make decisions for the other during serious illness. Upon the death of one party, the other will not inherit any part of the estate. The three documents cover different stages: power of attorney for when you are alive, designated guardianship after loss of decision-making capacity, and wills for after death.

Cost

Designated guardianship and wills are processed at notary…

Benefit

The close relatives listed in Article 1045 of the Civil Code are spouses, parents, children, siblings, grandpa…

Cost

Designated guardianship and wills are processed at notary offices; notary fees vary by region, starting from several hundred yuan. Handwritten wills cost nothing. The process takes one to two half-days. The difficulty lies in both individuals having to sit down and discuss illness and death.

Benefit

The close relatives listed in Article 1045 of the Civil Code are spouses, parents, children, siblings, grandparents, maternal grandparents, grandchildren, and great-grandchildren. The legal heirs under Article 1127 are, in order of priority, spouses, children, and parents, followed by siblings, grandparents, and maternal grandparents. A partner is not included in either category. Article 1219 governs surgeries, special examinations, and special treatments. In cases where it is impossible or inappropriate to inform the patient, medical personnel must inform the patient's "close relatives" and obtain their consent. There are three ways to supplement this. First, Article 33 allows an adult and "other individuals willing to serve as guardians" to agree on a guardian in writing in advance. After the individual loses or partially loses their capacity for civil conduct, this person will serve as the guardian, and the guardian shall act as the legal representative. Second, Article 165 stipulates that a written power of attorney must specify the name of the agent, the matters of agency, the scope of authority, and the duration, and must be signed or sealed by the principal. The authorization terminates upon the death of the principal. Third, Article 1133 allows for the making of a will to bequeath personal property to individuals other than the legal heirs. An article by the Yichang Municipal Justice Bureau published on the website of the Hubei Provincial Department of Justice states that same-sex partners can notarize an agreement for designated guardianship, appointing each other as their future guardians (National)

Original sources

全国人大 (2020). 民法典(第二十三、三十三、一百六十五、一百七十三、一千零四十五、一千一百二十四、一千一百二十七、一千一百三十三至一千一百四十、一千一百四十二、一千二百一十九条). https://flk.npc.gov.cn/detail?id=ff808081729d1efe01729d50b5c500bf(国家法律法规数据库);宜昌市司法局 (2021). 意定监护公证:通向彩虹的公证之路. 湖北省司法厅网站「实践荟萃」栏目. https://sft.hubei.gov.cn/fbjd/sjhc/202101/t20210108_3208602.shtml

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Book note

A partner's status for receiving estate is as a 'legatee,' not an heir. Once aware of this legacy, an explicit expression of acceptance must be made within 60 days; failure to do so constitutes a waiver. The partner themselves and anyone with a conflict of interest with them cannot serve as witnesses to the will. If multiple wills are made, the last one prevails; see Section 17, Article 2 (a subsequent will supersedes a previous one). Whether a designated guardian can directly sign surgical consent forms varies by hospital; ask your frequently visited hospital in advance. If family members do not recognize these documents, a lawsuit must be filed: ordinary proceedings start from 6 months, and lawyer fees must be paid by yourself. Therefore, it is best to process documents at a notary office. For houses bought together or money saved together, write a separate written agreement based on actual contributions. For how to handle designated guardianship, see Section 17, Article 1 (written designation of future guardians). The beneficiaries are yourself and your partner.

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