Bio
My name is Laurie. I have always loved words, pictures, stories, and people. I read and write obsessively. Over the years I've kept paper journals, w...
 
 
 
 

Most Popular

Recent Comments

Friends With (Legal) Benefits: Putting the Bond on Paper

  • Share This Post
  • Pin It
  • 15
  • Sparkle (
    )
     

Friendship runs deep in individuals and in humanity. It's an essential fact of life for most people, a vast collection of relationships reported to lower blood pressure and the risk of depression and provide social interaction and connection in an increasingly disconnected age. It's immortalized in songs and in its own section at Hallmark. When it works it survives bridesmaid horrors, periods of remarkable self-absorption and the collection of bumps and bruises that life gives every relationship. It can be painful and it can be glorious. 

But should it be legalized? 

Arguments for and against legally recognizing friendships came out this summer, first in an essay by Rebecca Tuhus-Dubrow in the Boston Globe and then in a response blog post from Jane Gross at the New York Times Health Blog

Tuhus-Dubrow wrote about what she calls a "nascent movement" among scholars to give designated friends legal rights and responsibilities, from access to the Family Medical Leave Act and write-offs for certain "friend expenditures" to the right to make health-care decisions and even just ride in an ambulance or visit a hospital room should a friend get sick.

While some of her sources said that the government shouldn't be involved in everything and this kind of movement encourages too much control, others said that it's just the ticket for people who don't have a family support system for times of need. 

Gross doesn't have children and has made a few arrangements with friends to serve as health-care proxies and potential roommates, but in her essay "Single, Childless and Terrified" she says that as a "single, childless woman" she lives in fear that there will be no one to care for her when she needs it the most. 

But, having witnessed the “new old age’’ from a front-row seat, I’m
haunted by the knowledge that there is no one who will care about me in
the deepest and most loving sense of the word at the end of my life. No
one who will advocate for me, not simply for adequate care but for the
small and arguably inessential things that can make life worth living
even in compromised health.

Gross suggests that friendship should be lifted from its "second-class status," given some clout. Reader comments are sad, hopeful, angry and resigned. Alex says a lonely old-age is what selfish people who haven't chosen to raise children get, especially if they have money left over. Jen in Astoria says she's going to be just fine regardless and doesn't appreciate Gross's "fear-mongering." Presumably a very different Alex says,

How amusing! You assume that those people with children are somehow not
going to be magically stuffed into a nursing home and ignored by those
children.

Hey, I get it. Single, childless, here - although not terrified, yet. And since after years of social work with seniors I'm in touch with the realities of aging - financial and daily caregiving aspects - it's crossed my mind that not having kids or a spouse removes a common layer of human beings who are both legally tied (in the case of the spouse and frequently in the case of the kids) and emotionally connected enough to make sure I don't waste away alone.

This assumes that those people in the traditional roles are there at all. Let's face it - it's often a couple of my friends now who've got my back, along with my sister, and those are the people I would trust in a serious jam. Some of my married friends know they could depend on me or another of their close friends should there be a serious problem or absence of a nuclear family. One friend who recently separated from her husband just put me down as an emergency contact at her child's school, because her family is in another state. Most of my closest friends are young enough to have living parents who are still involved with our lives, single or coupled, so we're still benefitting from that support system in a variety of ways. I'm confident I'd be writing a different response to this in 10 or 15 years. Divorces happen (and already have.) Kids move away. Older relatives die.

Increases in domestic partnerships and civil unions in recent years include rights that some quoted in Tuhus-Dubrow's article say should be allowed for friends as well.

"If the law decides to support some relationships, why not others that
similarly involve care and support?" asks Washington University's
Rosenbury. "What is it about marriage or marriage-like relationships -
that is, relationships that are assumed

  • 15
  • Sparkle (
    )
     

Comments

Post comment as twitter logo facebook logo
Sort: Newest | Oldest
lauriewrites 5 pts

I felt really honored when my friend put me on her kids' emergency list at school. It meant she trusted me and especially because I don't have children and do enjoy being close to my extended family and family of friends, I like being included in multigenerational life. 

I think along with the knowledge that someone cares we're alive and get in the door safe at night is the thought of who would care and help us out if we were incapacitated at any age - or maybe that's just me and you. : )

Whether it's through legal documentation or a document YOU draw up that folks know how to find in that case, I think it would be nice to have some way to have that realized. It is a shift in thinking, for sure, but I do like the consideration of how we are ALL - married, single, kids, without - considered, treated and valued in times where we need it the most. The Teri Schiavo case caused me to state my wishes to my parents and my sister. There is no doubt there no. But if they all weren't there I have no idea who would be, so it pays to pay attention to what those options are. 

Laurie

LaurieWrites ( http://lauriewrites.typepad.com )

lauriewrites 5 pts

It's really not known if these things could be accomplished anyway, which is the argument of people who support far-reaching supports for single (including widowed/divorced) people without next of kin to support them. I'd be more interested in someone  being able to be there for me and advocate for me across the board, and if that was assured as a result of a legal arrangement where I didn't think it would be otherwise, I might consider it. 

I'm not sure it would cost that much more than other, less important things, is all I'm saying, beyond marriage-related things.

Laurie

LaurieWrites ( http://lauriewrites.typepad.com )

MommyNamedApril 5 pts

Well, wherever government is involved, there is likely some (much?) wasteful spending.  But I don't necessarily agree that marriage is a proper comparison - I think the amount of time and money spent on legal disputes with respect to property, children, etc. would grow exponentially if we were to abandon marriage laws.  But, eh, I could be wrong ;-)

I wholeheartedly agree with your point on life management versus stepping in when death is imminent.

April

www.AprilsLittleFamily.blogspot.com ( http://www.AprilsLittleFamily.blogspot.com )

Debra Roby 5 pts

As that "aging, childless" woman who spends small bits of time worrying - not about dying alone, but about living alone and vurnerable - there is LOT to read and get out of this post.

I have friends listed on an emergency contact sheet with my driver's license. I list them as family members. To me they are. It shouldn't matter to the legal/medical system how I define family. Yet I know it might.

Now I look at the list once or twice a year and make sure it's still what I want. Change it if I must. I tell a person when they are on the list, but not when they've been removed. (it's NOT that we're not friends anymore. One person might have had a dramatically busier life; another has died, etc.).

Making those adjustments on a legal document would be harder.

A group of friends sat last night (after the death of one's friend) and all verbalized: how I want to die, what choices I'd make. Just so we could all advocate to friends, family and whomever our wishes. Will it matter? I hope it takes decades to find out.

Debra
A Stitch In Time ( http://astitchintime.blogspot.com )
Weight for Deb ( http://weightfordeb.wordpress.com )

lauriewrites 5 pts

Even marriage. ; ) (Sorry, devil's advocate.) Singles get no marriage or (for the most part) child tax benefits so it'd be interesting to add it up and see what the disparity is...Not that I'm volunteering. I failed economics in undergrad and feel myself verging dangerously close to uneducated territory here.

Those kits exist. NOLO has a ton for all kinds of legal procedures ( http://www.nolo.com/products.cfm/catID/E85249E7-10... ). And although I can see your point, I really think this is more of a movement to have a real live person there to advocate for you (and provide emotional/caregiving support as well) when and if things go south. The doula concept is interesting...and I like the idea that we'd ever get as comfortable ushering people out of the world in this country as we do  ushering them in (although to be fair it's important to look at caregiving and life management as a long-term process, not just happening when death is imminent.

Laurie

lauriewrites 5 pts

But one advantage of the whole legalizing thing is that it's part of changing the conversation, to make people recognize that non-sexual, or non-blood relationships can be just as, if not more, important than sexual or blood family relationships. And maybe that will eventually make the personal conversations easier?

Looking at the language surrounding the presidential campaign, for instance, it's still focused on a nuclear, traditional family structure when that simply isn't a reality for most people. Elder care is largely missing from the discussion and given the rapidly aging population, that's a little scary. 

These are tough conversations to have, no doubt, and in my experience people don't have them until they have to (often when they're ill or under some other kind of terrible stress.) I'm not certain that legalizing everything is the key to making it easier, but it is good anyway to ensure that ALL people have options. 

Laurie

LaurieWrites ( http://lauriewrites.typepad.com )

MommyNamedApril 5 pts

Maybe I'm just being cynical, but it seems to me this would just spawn a whole lot of governmental spending to accomplish something that can, essentially, already be accomplished.  

That being said, I understand the prospect of aging, or even just living, without someone having your back *legally* can be scary.  Maybe, though, this is something the private sector can take on... a kit or book or doula of sorts that could teach the elderly, infirm and petrified how to cross their t's and dot their i's when it comes to setting up living wills, proxies, etc?

April

www.AprilsLittleFamily.blogspot.com ( http://www.AprilsLittleFamily.blogspot.com )

smartchica47 5 pts

You've brought up such great points and I'm sure I'll be mulling over them for weeks but I wanted to particularly agree with your response above: "I think if you felt uncomfortable bringing up such an arrangement, the
relationship might not be mutually deep or supportive enough to warrant
it". Like others, I can see pros and cons of the legal issue but even bringing up things that are currently legal (like giving someone power of attorney) can be a really tough thing. But one advantage of the whole legalizing thing is that it's part of changing the conversation, to make people recognize that non-sexual, or non-blood relationships can be just as, if not more, important than sexual or blood family relationships. And maybe that will eventually make the personal conversations easier?

Jenn

http://quirkyeconomist.blogspot.com

lauriewrites 5 pts

I always appreciate your point of view.

My parents are still responsible for me whether they like it or not (we're mutually dependent at this point) but my sister is the person I'd count on to best reflect and enact my wishes, although I'd trust all three of them unfailingly with financial/life stuff. 

I don't necessarily think that "legalized friendship" is the answer. 
But I think that legal documents should transfer state to state, and
that hospitals and nursing homes should be more flexible with their
visitation policies.

See, I think that legalized friendship becomes a possible or preferred answer because state-by-state requirements are so random, and the legal scholars speaking out about this know that.  Unfortunately it often comes down to a "bottom line" when it comes to health care facilities (which arguably speaking is a protection too, but can bite back too...) After my parents and my sister it would definitely be my best friend, and I'd want to make sure she had as much clout as possible - whether she'd be willing to be my most legally-vetted friend or not I don't know, but this has me thinking for sure. (NOT that I'd do it - it's just one of those "Would you ever..." questions that helps to clarify who holds what role in your life.) 

Laurie

LaurieWrites ( http://lauriewrites.typepad.com )

lauriewrites 5 pts

And I do think it's a special circumstance that would be difficult to understand if you haven't stood in solitary shoes.

I think the housing crisis will spawn more creative living arrangements that could also affect this sort of thing. While related, my elderly aunts (one widowed, one never married) lived together for years. My aunt's children provided for our other one after their mother died, but if they hadn't been so kind she would have been in a real jam. It is important to protect yourself, and if a trusted friend or extended family member is willing to "make it official", so to speak, it can mean a lot for financial and emotional security (which I think is a huge concept underlying all of this.) 

Laurie

LaurieWrites ( http://lauriewrites.typepad.com )

lauriewrites 5 pts

Which is why it would likely be a hard sell. Quotes in the Globe and NYT articles from lawyers who are for and against legalization speak to it more intelligently than I can (Ethan Leib ( http://freakonomics.blogs.nytimes.com/2008/08/11/f... ) is a good one in the pro column, as I recall) Quote from Boston.com: 

Most of the scholars in this nascent movement are part of a larger push
to challenge the privileged status of marriage. They believe society
would be better off supporting a broad spectrum of relationships,
rather than exalting one kind above the rest.

(and please note that I'm just referring to these articles and the opinions therein, not championing or condemning them.) 

Obviously this is a cultural as well as a legal statement and shift, which I'm sure could be cast as a need for some people. Stopgap measures like POAs aren't always rock solid for family members - I imagine they'd be even more iffy for friends, therefore making a legal pronouncement the best way to avoid problems. 

I think if you felt uncomfortable bringing up such an arrangement, the relationship might not be mutually deep or supportive enough to warrant it - but that's just me. 

Laurie

LaurieWrites ( http://lauriewrites.typepad.com )

no_I_am_zoe 5 pts

Legalizeing friendships is an interesting idea.  While it may be true that you can designate a health care proxy or power of atterny in your state, that may be meaningless in another, or may take a rediculous amount time prove at least.   And it certainly doens't mean that a hospital would allow visitation. 

It is not say that I don't love my family, but I think my few close friends truly know me and would be far more likely to act on my behalf to carry out my wishes than my family would.  And if I were seriously ill, I'd much rather see my friends, than my family.

I don't necessarily think that "legalized friendship" is the answer.  But I think that legal documents should transfer state to state, and that hospitals and nursing homes should be more flexible with their visitation policies.   

SusanCarleton 5 pts

What a lot of food for thought. A 'legal friendship' does sound weird, but it can be terrifying to go in an ambulance by yourself, or to think of what would happen should you end up on life support and there's nobody who can legally advocate for you. In the absence of close family it makes sense.

So if a legal friendship works for someone, well, why not? Though I must admit I'd feel awkward pushing a pen and forms across the table during a game of MahJong and saying 'Oh by the way, friend..."

 Thanks for sharing both sides of this one.

Susan

stonyriverfarm.blogspot.com ( http://stonyriverfarm.blogspot.com/ )

www.carersgroup.com ( http://www.carersgroup.com/

stephmsdiva 5 pts

I guess I don't see the point of this. As you've stated, there are already means by which you can designate a non-relative to be your advocate, so why the need for a legalized friendship? And? How would you even bring that up with someone?

Stephanie
http://quirkyblogger.com