Same-sex partners should prepare a power of attorney, a voluntary guardianship agreement, and a will while both are still lucid: legally, you are not considered close relatives, so without these documents you’ll have no right to sign on behalf of each other or to inherit anything

Cost: Notarizing a voluntary guardianship agreement and a will incurs fees that vary by region, typically starting at a few hundred yuan. Drafting a handwritten will costs nothing. The whole process usually takes one or two half‑days; the real challenge is getting both partners to discuss illness and death openly.

In plain terms: Under the law, close relatives include spouses, parents, children, and siblings — partners do not qualify. If no paperwork is done beforehand, when one partner becomes seriously ill the other cannot make medical decisions for them, and upon death the surviving partner receives no inheritance. These three documents each serve a distinct purpose: the power of attorney covers everyday decisions while both are capable; the voluntary guardianship kicks in if one loses decision‑making ability; the will governs what happens after death.

Benefit: Article 1045 of the Civil Code lists close relatives as spouses, parents, children, siblings, grandparents, and grandchildren. Article 1127 defines legal heirs as spouses, children, parents, then siblings and grandparents. Partners appear in neither category. Article 1219 addresses surgeries, special tests, and treatments: if full disclosure to the patient isn’t possible, doctors must inform and obtain consent from “close relatives.” Three legal pathways can fill this gap. First, Article 33 permits adults to enter a written agreement designating another adult as their guardian; that person then acts as a legal representative. Second, Article 165 requires a power of attorney that names the agent, outlines duties, and is signed by the principal; this arrangement ends upon the principal’s death. Third, Article 1133 allows a will to leave property to anyone outside the statutory heir list. According to a published article by the Yichang Judicial Bureau, same‑sex couples may notarize a voluntary guardianship agreement naming their partner as future guardian — a practice now recognized nationwide.

Evidence grade: A

Sources:全国人大 (2020). 民法典（第二十三、三十三、一百六十五、一百七十三、一千零四十五、一千一百二十四、一千一百二十七、一千一百三十三至一千一百四十、一千一百四十二、一千二百一十九条）. https://flk.npc.gov.cn/detail?id=ff808081729d1efe01729d50b5c500bf（国家法律法规数据库）；宜昌市司法局 (2021). 意定监护公证：通向彩虹的公证之路. 湖北省司法厅网站「实践荟萃」栏目. https://sft.hubei.gov.cn/fbjd/sjhc/202101/t20210108_3208602.shtml

Notes: In a will, a partner is classified as a “legatee” rather than an heir. Once aware of the bequest, the partner must explicitly accept it within 60 days; otherwise the gift is forfeited. Neither the partner nor anyone with a conflict of interest may serve as a witness. If multiple wills exist, the most recent one supersedes earlier versions, as noted in Section 17.2. Hospitals differ on whether a voluntary guardian can sign consent forms; it’s wise to verify this with your regular medical facility. Should family members dispute these documents, litigation may ensue — first‑instance trials typically last at least six months, with legal fees borne by the parties. For that reason, having the documents notarized is advisable. Any jointly purchased property or shared savings should be documented separately with clear statements of each party’s contribution. Guidance on establishing voluntary guardianship can be found in Section 17.1. The ultimate beneficiaries of all these arrangements are you and your partner.