December 4, 2002 |
2002-R-0951 | |
COMPARISON OF CALIFORNIA'S DOMESTIC PARTNERSHIP REGISTRY AND CONNECTICUT LAWS | ||
By: Susan Price-Livingston, Associate Attorney | ||
You asked for a comparison of California's domestic partner registry law and PA 02-105, the Connecticut law permitting adults to designate other adults to act on their behalf in certain situations. The first table shows what rights and responsibilities these laws affect. Under California law, the registered partner is automatically covered under each of the provisions listed. In Connecticut, the representative is only entitled to those rights and responsibilities identified in the document designating him as the maker's representative. (Table 1 also shows, where applicable, other Connecticut laws that deal with topics covered by California's registry law. )
The second table describes generic methods for creating some of the same rights and responsibilities.
Table 1: Rights and Responsibilities Compared
California (Fam. Code Ch. 297) |
Connecticut (PA 02-105) | |
Hospital and Nursing Home Visitation |
· Private visits in hospitals and nursing homes |
· Private visits in nursing homes · Visits with other residents' families at nursing homes |
Medical Decisionmaking |
· Health care and end-of-life decisions for incapacitated partner |
· Emergency medical decisions for incapacitated psychiatric patient · Input in end-of-life decisions involving incapacitated patient · Priority in anatomical gift decisions above all but surviving spouse · Notice and consultation prior to nursing home room transfers |
Conservatorship |
· Notice of conservatorship proceedings · Right to object to conservator's appointment · Same priority in being named conservator as spouse would have |
No provision |
State Disability Benefits |
· Claim filing on behalf of incapacitated partner |
No provision |
Civil Claims |
· Wrongful death of partner · Negligent infliction of emotional distress when serious injury to partner observed |
No provision (but survivor can file administrative claim when maker is homicide victim) |
Property Transfer Upon Death |
· Simple will form includes box to check indicating desire to leave property to surviving partner · Effective July 1, 2003 surviving partner of intestate decedent entitled to same share of estate as surviving spouse would have |
· Assumption of motor vehicle ownership upon maker's death |
Appointment as Estate Administrator |
· Same appointment priority as a surviving spouse would have |
No provision |
Adoption |
Same adoption procedures as applicable to stepparents |
No provision (but PA 00-228 authorizes co-parent adoption) |
Employment |
· Not disqualified for unemployment benefits when relocates with partner · Can use family and medical leave to care for ill partner or partner's child · Employers that offer health insurance that covers spouses must also offer coverage for domestic partners · Health insurance continuation upon death for partner and partner's children (state employees only) · Death benefits and survivor's allowances (certain county employees) |
· Employers must notify employees of emergency phone calls involving designees · Employers cannot discipline designees for attending court proceedings as homicide victim's representative |
Taxation |
· Money spent to cover domestic partner and partner's children under employer's health plan is not taxable as income |
No provision |
Table 2: Alternative Methods of Creating Rights/Responsibilities
Hospital Visitation Authorization |
Instructs health care providers and facility staff who is allowed and given priority to visit |
Domestic Partnership Agreement |
Sets out contractual rights and responsibilities of each partner; may also specify a dispute resolution mechanism (some states may not enforce) |
Durable Power of Attorney (Finances) |
Appoints another person as agent, giving him access to assets and the authority to make financial decisions on appointee's behalf; can be limited to specific powers |
Durable Power of Attorney (Health Care) |
Appoints another person as agent to make health care decisions when appointee is unable to do so; can be limited by living will |
Will |
Details the distribution of money, belongings, and property upon death; can be limited by statutory rights of surviving spouse |
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