This is an archived article that was published on sltrib.com in 2006, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Inheritance, catastrophic care and other issues may be more complicated for single people. Make your wishes clear now.

Trudy Henderson knows exactly what she wants to happen when she dies: She's giving her body to medical research. Her family knows, too.

"I had an emergency appendectomy a few weeks ago, and it was reassuring to know some situations are already planned for - just in case," said Henderson, a single Salt Lake City teacher with grown kids.

Planning for circumstances, foreseen or not, is important for single people. Most married people's spouses automatically take legal control of their assets, responsibilities and decisions if something happens to them. It's also likely that couples have discussed these issues in advance. But for singles, things are not so clear.

Charles Livsey, an attorney who works in tax, trust and real-estate law, says if you fail to name who you want to take care of your decisions, you put those surviving you into an uncomfortable position. Families may fight over what they think you would have wanted, and people you wanted to make decisions could be left with no legal ability to do so.

Without planning, what usually happens is "There's some poor person in the family who says, 'I'm willing to take on this responsibility,' " Livsey said - which means while that person is still grieving over your death, he or she has to deal with friends, relatives and your estate. "It's a really terrible position to be in."

Nina Cleere, a single lawyer, said she's made her wishes known. "I think it's important to have a will in regards to the life-support options you want to have carried out for you and, even more importantly, inform your family of those decisions so that they do not have to be the ones to make them for you when and if the time comes."

Legal issues for singles fall into a couple of broad categories: things that come up while you're still alive, and those that do after you've passed on.

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* CHRISTY KARRAS can be reached by e-mail to ckarras @sltrib.com or by calling 801-257-8604. Send comments to livingeditor@sltrib.com.

Property

You can add others to your bank accounts, real-estate titles and other legal documents. Unmarried couples, for example, can draw up a joint tenancy agreement in which real estate is owned by both parties. If something happens to one party, those assets automatically go to the other.

Even if you don't die or become incapacitated, there's a potential for abuse or theft of those accounts. Steven Dixon, a Salt Lake City attorney whose practice concentrates on estate planning, has seen people take advantage of elderly relatives by funneling money out of those accounts. "We're seeing more and more situations - and it's not necessarily immediate family - but a situation with exploitation and abuse of the elderly," Dixon said. Such activity can also negatively affect the victim's credit.

There are ways to give people certain powers when it comes to your assets. If you need someone else's help with matters, you might want to ask a lawyer how to set things up. Most important, "You've got to be very careful who you pick to handle your affairs," Dixon said.

Medical care

Who takes care of your life if you're incapacitated? If you're single, and especially if you want someone besides a close relative to make those decisions, get that in writing. Salt Lake City financial adviser John Bird, president of Albion Financial Group, says single people have to ask themselves, "If I end up in the hospital or disabled - who do I want helping me? If I don't name someone, the courts will."

Powers of attorney vary depending on how many restrictions you want on the person taking over and when you want the powers to take effect.

General power of attorney gives someone responsibility for all your financial and legal affairs. Limited power of attorney specifies only the aspects of your life you want that person to control. Durable medical power of attorney gives authority over medical decisions when you're not capable of making them.

Attorney Charles Livsey says powers of attorney are especially important for those in serious relationships but not married. Unless there's a document saying you want your partner involved in medical decision-making, "The doctor won't give them the time of day. The family will be given medical information, and the significant other won't be."

The papers don't need to be complicated; for medical power of attorney, the state of Utah provides a document that includes a checklist of what you want done by whom in certain circumstances. (See link on this page.)

Dixon recommends giving your doctor a copy of your medical-related documents. The best solution is to keep your family and friends informed about your wishes. Discuss it frequently so they know what's important to you and how they should base their decisions.

Estate planning

For young, single people, estate planning doesn't seem like an urgent priority. Sterling Erickson, a single man in his 30s who works for the postal service, said he hasn't given it much thought - but maybe he should. "I have some savings and a retirement plan with the postal service, so it's not like I don't have anything" to pass on, he says. He has named beneficiaries for his life-insurance policy and other accounts.

That's one step people should approach thoughtfully, lawyers and financial planners say. If you have listed beneficiaries on your bank accounts, retirement plans and life insurance, those designations are legally binding. They also would probably override your will.

Livsey says it's important to make it clear exactly who your beneficiaries are, including their addresses and Social Security or driver license numbers, if possible - especially if you suspect family members might try to get in the way because they don't like your choice.

"If you don't designate it to anybody, Utah statute provides a hierarchy for heirs, and if none, then it goes to the state," Livsey said.

Single parents have another consideration: "If you've got kids, especially if you're single, you should be addressing custody - who you want to have taking care of your kids," Livsey said.

Even if you don't have children, you can make provisions about whom you want to get your pets or other treasured possessions.

- Christy Karras

* For more stories in our occasional series about being single in Utah, go to http://www.sltrib.com/entertainment.

* To download simple medical power of attorney and living will documents, go to the Utah State Aging and Adult Services Web site at http://www.hsdaas.utah.gov/advance_directives.htm.