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KimberlyLaw
KimberlyLaw, Lawyer and Real Estate Broker
Category: Family Law
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Experience:  13 years of experience practicing law.
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If you and your boyfriend live together for 13 years and have

Customer Question

If you and your boyfriend live together for 13 years and have an eleven year son together all living in the same house and the boyfriend becomes ill receives disablity for Social Security which I am listed as his guardian, and then has a stroke and now is in a coma who should be in control of everything now.
Submitted: 5 years ago.
Category: Family Law
Expert:  KimberlyLaw replied 5 years ago.
Hello, I am happy to answer your question.

First find out if he has a living will which would indicate who could make decisions on his behalf. If he doesn't have on, then his family would be the next likely people to take care of his affairs. Since you are not married you will have some difficulties arguing you should have control. If you are listed as his guardian only for social security reasons then you probably can only make decisions regarding social security, but you need to check the full details of those documents.

I hope this helps, and please ask if you need clarification.
Take care,
Kimberly
KimberlyLaw, Lawyer and Real Estate Broker
Category: Family Law
Satisfied Customers: 3816
Experience: 13 years of experience practicing law.
KimberlyLaw and 9 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
so only documents that says I am the beneficiary is enforced and thats it.
Expert:  KimberlyLaw replied 5 years ago.
Now you are asking a new question.

There is a difference between guardian and beneficiary. A guardian can take care of a specific matter or general matters if someone is incapacitated. A beneficiary gets the benefits of someone else's property when they die.

If he has no living will then his direct family will make decisions about him if he is in a coma.

Kimberly

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