Correct the record on rights of spouses

Dayle Roberts pointed out some erroneous examples of rights of married couples versus rights of unmarried partners in a Fence Post article dated Jan. 2.

1. A married person has no more power to make medical decisions for their spouse than an unmarried person. A person (spouse or non spouse) with the authority granted under an executed Power of Attorney for Healthcare can make those decisions. You may recall the well-publicized case of Terri Schiavo whose parents and spouse went to court over her medical care.

2. Married couples who don't prepare and execute estate plans run into similar problems as unmarried couples when it comes to legal issues raised when their spouse or partner dies. It is advisable to work with a trained estate planning attorney to draft the proper legal documents.

3. Property such as your home can be owned jointly among married or unmarried persons.

4. A married spouse is not automatically entitled to any residual pension benefit. It must be a form of survivor benefit chosen by the pension recipient. Any survivor pension benefit chosen by the pension recipient reduces their retirement benefit as a cost of providing the survivor benefit to their spouse. A married individual whose spouse dies does not automatically receive a Social Security survivor benefit in addition to their retirement benefit. They will receive their own retirement benefit or the survivor benefit whichever is greater. A widowed spouse sees a substantial reduction in Social Security benefits similar to an unmarried partner. The U.S. tax code and legal system does contain provisions favoring legally married couples. Rather than attempting to redefine marriage, perhaps gay couples should challenge what they perceive to be discriminatory provisions of the U.S. tax code and legal system.

Peter Gennuso

Schaumburg