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THE EVERETT ADVOCATE – FRiDAy, July 3, 2026 Page 23 OBITUARIES Estate Planning For Unmarried Partners P roper estate planning involves creating a set of written instructions in order to specify how you would like to have your property distributed after your death, as well as how you want your property and health care decisions handled during any period of time that you are incapacitated. Proper planning is particularly important for unmarried partners. Who will manage your assets if you become incapacitated? Legal incapacity means that you are unable to make fi nancial decisions for yourself. The incapacity may have resulted from an injury, dementia, stroke, heart attack, etc., and it may be temporary or permanent. In the event you are unable to manage your fi nancial affairs, a Last Will and Testament won’t help. It only speaks upon your death. Owning assets jointly might not always help. For example, with real estate, if one joint owner becomes incapacitated, you will not be able to sell the real estate or refi nance the underlying mortgage. In these situations, it is wise to have a durable power of attorney. As long as it is drafted properly, the attorney in fact can use it in order to sell the real estate or refi nance it. Court intervention will not be necessary. Appointing a guardian or conservator in order to manage assets is very time consuming, expensive and is open to the public for viewing. If a court is asked to appoint a guardian or conservator to manage your assets, a nonfamily member, such as an unmarried partner, is often less likely to be appointed than a family member. Consequently, what often ends up to be a preferable option is a living revocable trust. When you execute a living trust, you will transfer assets from your name into the name of the trust. You can control this trust upon serving as trustee. Because you no longer own the assets in your own name, there are no assets for the probate court to control in the event of your incapacity. The living trust is designed to avoid having to probate ones estate which would occur if assets are held just in the decedent’s name alone. You have the right to name anyone as your successor trustee. You can name your partner as successor trustee. All of your fi nancial affairs can be conducted privately. They are not part of the public record. In the event of your recovery, you can resume serving as trustee. Kathleen Marie Porio-Donato O f Everett. Passed away peacefully in her home on June 17, at the age of 80. Kathleen was born in Boston on AuA living trust is even superior to a durable power of attorney when it comes to dealing with incapacity. Living trusts are accepted by virtually all fi nancial institutions. A living trust provides detailed instructions as to how you wish for your assets to be managed. A durable power of attorney would typically not contain the same level of detail. You will also need a Health Care Proxy and a HIPAA Authorization executed ahead of time in order to provide for your incapacity. You have the right to select the fi rst health care agent that will be responsible for making your health care decisions in the event you are not able to make them yourself. You will also appoint an alternate health care agent. If you do not select your unmarried partner ahead of time, more likely than not, the health care facility will look to a family member for answers. Massachusetts does not have a “living will” statute. It is often wise, in any event, to draft living will language within the health care proxy itself that makes it very clear that you would not want to be sustained by artifi cial life support in the event you have lost all cognitive functioning. Federal and state laws dictate to whom your doctors can disclose your medical information to in the absence of written direction. Your HIPAA Authorization gives your doctors the written authorization they need to disclose your medical information/situation to specifi ed individuals that you have named in the document itself. Unmarried partners do not have the same protections and benefi ts under the law that married partners have. The estate planning process helps you to navigate through the issues involved in order to assure that your goals and objectives are achieved. Joseph D. Cataldo is an estate planning/elder law attorney, Certifi ed Public Accountant, Certifi ed Financial Planner, AICPA Personal Financial Specialist and holds a masters degree in taxation. gust 23rd, 1945. She was the daughter of the late Anthony and Angelina Porio. Kathleen grew up in the North End of Boston and met her husband of almost 60 years, Ignazio Donato, in East Boston, whom she married on June 25, 1966. Kathleen enjoyed traveling the world with Ignazio and going on many cruises together. She worked for the Small Business Administration for many years. Kathleen was a devoted wife, mother and grandmother. She was so proud of her fi ve grandchildren and always looked forward to their visits and hearing about their adventures and accomplishments. Kathleen is survived by her husband, Ignazio Donato, her son, Joseph Donato, his wife Susie and their children, Alicia, Kayla, and Joseph Jr., her son, Anthony Donato, his wife Julie, and their children, Hailey and Kaitlyn, her brother, Richard Porio and his wife, Kitty, and her nephews. She is preceded in death by her late parents, her late sister, Patricia Porio, and her late brother, Patrick Porio. Visiting hours were held at Salvatore Rocco & Sons Funeral Home on Tuesday, June 23rd followed by interment at Woodlawn Cemetery, Everett. Mae (Beard) McAvoy O f Everett. Passed away peacefully at her home surrounded by family at the age of 95. Born on July 27, 1930, and raised in Salem. She moved to Everett in 1957 where she resided until her death. Beloved wife of the late John (Mac) McAvoy, mother of Stephen of Everett, Debbie Hall and her husband Jim of CA, John and his wife Susan of Fla, and the late Ted and his surviving wife Susan of NH. Mae is survived by her sister, Connie Perry from Salem as well as 6 grandchildren; Jamie, Julie and Sara of San Diego, CA, Kim and Jeff of Manchester, NH, and Annmarie of Lynn. She is also survived by 11 great-grandchildren. When her children were young, Mae enjoyed baking cookies and fudge from scratch. Some of her favorites were chocolate chip, peanut butter, oatmeal raisin and sugar cookies. Mae was a nurse. 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Out back a beautiful, tiered yard creates a private outdoor retreat perfect for summer fun and gatherings with a patio and an above ground pool. This home also offers a full basement and a 1 car garage under. A peaceful setting tucked away on a quiet dead-end street. This home truly checks all the boxes. (781) 233-7300 335 Central St. Saugus commonmoves.com ©2024 BHH Affiliates, LLC, An independently owned and operated franchisee of BHH Affiliates, LLC, Berkshire Hathaway HomeServices and the Berkshire Hathaway HomeServices symbol are registered service marks of Columbia Insurance Company, a Berkshire Hathaway affiliate. Equal Housing Opportunity. in Revere followed by years of providing home care for seniors. When her children were grown, Mae and her husband, Mac, spent many a vacation cruising to different islands in the Caribbean until Mac’s death in 1990. In her later years, Mae was an avid reader with a propensity toward fantasy. Often you would fi nd her curled up on the couch deeply engrossed in her latOBITUARIES | SEE PAGE 29

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