Under the Guardianship Act 1987, a same sex partner is considered to be person responsible. They can make medical decisions for their partner if their partner becomes incapacitated and there is no order from the Guardianship Tribunal. There is no requirement under that Act about how long you must have lived together.

Appointing an Enduring Power of Attorney and an Enduring Guardian

Even if you think your relationship is covered by the Act, it is worth giving some thought to what would happen to you if you were to become physically or mentally incapacitated. You could consider making an Enduring Power of Attorney (EPA) and appointing an Enduring Guardian under the Guardianship Act. These are simple documents but they must be prepared in the correct way (usually by a lawyer) and signed by you while you are of sound mind or they may be challenged in the Guardianship Tribunal.

An EPA authorises the holder ('Attorney') to manage your financial and legal affairs if you are incapacitated. An Enduring Guardian may make 'lifestyle' decisions on your behalf (for example, they may decide where you live, what health care and other kinds of personal services you receive, and they can consent to medical or dental treatment).
You may revoke an EPA or an Enduring Guardian appointment at any time while you are of sound mind. It is advisable to get a lawyer to help you with this.

If you do not make an EPA or appoint an Enduring Guardian, your biological family maybe able to take legal action to challenge your partner’s right to make decisions. Even though an EPA can be overturned in the Supreme Court and an Enduring Guardian appointment can be overturned in the Guardianship Tribunal, taking these steps is still the best way to ensure your partner is legally able to take care of you and make decisions on your behalf if you become incapacitated.

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