June 25, 2007

Life partners in their mid 60s, Jack and Mary have seriously considered marriage. But the major financial impact it would have on their retirement income and medical benefits always holds them back.

Ben and John have been in a committed relationship for nearly fifteen years. Their family includes two small children and a golden retriever named Sam--happily settled into a Ballard home. Under Washington state's 1998 Defense of Marriage Act, Ben and John cannot legally marry.

What do these families have in common? 

They can both benefit from the state's new domestic partner legislation, signed into law by the governor this April and taking effect in July. 

Under the new law, certain couples can register as domestic partners in the state of Washington beginning July 23, 2007. In passing the law, Washington legislators found that same sex couples "do not automatically have the same access that married couples have to certain rights and benefits, such as those associated with hospital visitation, health care decision-making, organ donation decisions, and other issues related to illness, incapacity, and death." 

The legislators also found that "the public interest would be served by extending rights and benefits to [senior, unmarried] different sex couples... While these couples are entitled to marry under the state's marriage statutes, some social security and pension laws nevertheless make it impractical for these couples to marry."

According to Governor Gregoire, the new legislation "simply allows our seniors and our same-sex partners to rely on each other and to care for each other when they are faced with life and death situations. These are the rights of all Washingtonians."

Requirements for a Domestic Partnership in Washington State
To enter into a Washington state registered domestic partnership, the persons in the couple must satisfy the following requirements: 

 share a common residence,

 be at least 18 years of age,

 not be married to someone else, or in a domestic relationship with someone else,

 be capable of consenting to the domestic partnership,

 not be closely related to each other in any other manner specified in the legislation, and

 be of the same sex--or if they are of different sexes, at least one person must be at least 62 years of age. 

Procedure for Registering a Washington State Domestic Partnership
Couples will be able to register their domestic partnership with the state by completing a Declaration of Domestic Partnership form, signing it in the presence of a notary public, and submitting the form and a filing fee to the Office of the Secretary of State, Corporations Division. (Domestic partnerships created by subdivisions of the state are not recognized as state registered domestic partnerships.)

Registrations can be submitted in person, by mail or, in future, online. The Corporations Division is located at 801 Capitol Way South in Olympia, Washington. The mailing address is:

Office of the Secretary of State
Corporations Division
P.O. Box 40234
Olympia, WA 98504

Although the registration fees have not yet been established, they are expected to be approximately $50.00.

As issued by the Office of the Secretary of State, a certificate of domestic partnership fulfills the eligibility requirements for the partner of a public employee to receive benefits.

Procedure for Terminating a Washington State Domestic Partnership
Couples can terminate their state registered domestic partnership by filing a notice of termination with the Office of the Secretary of State and paying a filing fee. The termination is effective 90 days after the notice was filed. Further, a domestic partnership automatically terminates if either partner marries in a manner legally recognized by the state. 

Benefits of Registering as a Domestic Partnership
As outlined in the final bill report, the following powers and rights previously granted to spouses are now, by law, also granted to domestic partners:

 health care facility visitation rights

 ability to grant informed consent for health care for a patient who is not competent

 authority of health care providers to disclose information about a patient without the patient's authorization to the patient's state registered domestic partner

 automatic revocation of the designation of a domestic partner as the beneficiary for nonprobate assets upon termination of the partnership

 automatic revocation of power of attorney granted to domestic partner upon termination of the partnership

 title and rights to cemetery plots and rights of interment

 ability to authorize autopsies and request copies of autopsy reports and records

 right to control the disposition of the remains of a deceased person

 ability to consent to removal of human remains from a cemetery plot

 ability to make anatomical gifts

 inheritance rights when the domestic partner dies without a will

 administration of an estate if the domestic partner died without a will or if the representative named in the will declined or was unable to serve

 beneficiary rights in wrongful death actions

 ability to designate a partner's physician as the attorney-in-fact

If not specifically mentioned above, the bill does not grant other rights and privileges typically associated with marriage. You should also know that Washington's domestic partnership registration is not necessarily recognized in other U. S. jurisdictions and its impact on employee benefits will vary by employer. 

For More Information
Because Washington's domestic partnership law is so new, there may be implications that are not yet well understood or that will develop over time. If you are considering registering as a domestic partnership, it is important to understand the emotional, legal, financial, and estate planning ramifications of your decision. Seek the advice of knowledgeable professionals. Bader Martin's professionals can explain the potential impact on your financial and estate plans. 

For more information, you can also refer to the following:

The Secretary of State maintains a domestic partner FAQ (a list of answers to frequently asked questions) on the web at http://www.secstate.wa.gov/corps/dp_faq.aspx

The new law is available online at http://www.leg.wa.gov/pub/billinfo/2007-08/Pdf/Bills/Senate%20Passed%20Legislature/5336-S.PL.pdf. 

You can read the final bill report online at http://www.leg.wa.gov/pub/billinfo/2007-08/Pdf/Bill%20Reports/Senate%20Final/5336-S.FBR.pdf.

Part of an Unmarried Couple? How Marital Status Affects Financial and Estate Plans, an article by Bader Martin shareholder David Stiefel, is available on the web at: http://www.badermartin.com/news/articles.php?article_id=38

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