While both of you are still clear-headed, same-sex partners should put in place an authorization of agency, voluntary guardianship, and a will: in law you are not near relatives; without these you have no signing right and no inheritance right

Near relatives in law are spouses, parents, children, siblings, and similar; a partner does not count. Without documents in advance, when one side is critically ill the other cannot decide for them. When one side dies, the other inherits none of the estate. Three documents each cover a stage: while clear-headed, an authorization of agency; after losing judgment, voluntary guardianship; after death, a will.

Cost

Voluntary guardianship and a will are done at a notary office; notary fees differ by place, from a few hundred yuan up. A handwritten will costs nothing. It takes one or two half-days in all. The hard part is sitting down to talk about illness and death.

Benefit

Article 1045 of the Civil Code lists near relatives as spouses, parents, children, siblings, grandparents, maternal grandparents, grandchildren, and maternal grandchildren. Article 1127’s statutory heirs are first spouses, children, and parents, then siblings, grandparents, and maternal grandparents. A partner is in neither list. Article 1219 covers surgery, special examinations, and special treatment. When the patient cannot or should not be told, medical staff must explain to the patient’s “near relatives” and obtain consent. Three paths can fill the gap. First, Article 33 allows an adult and “another individual willing to serve as guardian” to agree in writing in advance who the guardian will be. After the person loses or partly loses civil capacity, that person becomes the guardian, and the guardian is the statutory agent. Second, Article 165 provides that a written authorization of agency must state the agent’s name, the matter, the scope, and the term, signed or sealed by the principal. When the principal dies or loses civil capacity, the agency ends. Third, Article 1133 allows a will that gifts personal property to an individual outside the statutory heirs. An article by the Yichang Municipal Justice Bureau on the Hubei Provincial Justice Department website states that same-sex partners can notarize a voluntary-guardianship agreement naming the other as future guardian (nationwide).

Notes

A partner takes the estate as a “legatee,” not as an heir. Within 60 days of knowing of the bequest, they must clearly accept it; silence counts as waiver. The partner and anyone with an interest tied to them cannot be will witnesses. When there are several wills, the last one prevails — see Section 17, item 2 (a later will overrides an earlier one). Whether a voluntary guardian can directly sign surgical consent differs by hospital; ask the hospital you usually use in advance. If family refuse to recognize the documents, you have to sue: ordinary first-instance procedure starts at 6 months; lawyer fees are yours. So do the documents at a notary office when you can. Homes bought together and money saved together should have a separate written agreement by real contribution. How to set up voluntary guardianship is in Section 17, item 1 (name a future guardian in writing). The beneficiaries are you and your partner.

Sources · 1

1. 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）. flk.npc.gov.cn/detail?id=ff808081729d1efe0172…（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. sft.hubei.gov.cn/fbjd/sjhc/202101/t20210108_3…