Estate Planning for the LGBT Community

Traditional heterosexual couples have it easy. Every state in the United States accepts their marriages and have laws to protect a spouse should the other die without a Will. Although they should have Wills and Powers of Attorney, the law is written to protect the legal rights of married couples. However, the Gay and Lesbian community does not have such protections in states that do not recognize same-sex marriage. The good news is that with a few legal documents, the gay and lesbian community can solidify their legal rights.

The first document that people in committed homosexual relationships should have is a Will. Although EVERYONE needs a Will, it is especially important in this instance to protect legal rights. Traditional married couples are protected by the law in that without a Will, the law assumes that when one spouse dies, in most cases the other spouse will inherit all of the deceased spouse's property. (This is not always the case, so be sure to consult a lawyer to understand the laws of your state.) However, states that do not recognize homosexual marriage will not have any protections. When one partner dies, the other partner would have no legal claim to any of the deceased partner's property. However, if each partner writes a Will and specifies that the property should go to the other partner (or however you would like your property divided), the courts will divide property as your Will states, assuming the will is fully and legally executed.

Another important legal document for committed homosexual couples is the Power of attorney. Couples in a traditional marriage are generally protected by state laws because courts usually allow one spouse to make financial decisions and medical decisions for the other spouse if he or she cannot make decisions by himself or herself due to legal incompetency, a coma, or other extreme reason. Unfortunately, people in homosexual relationships do not have such protection. In fact, sometimes one partner will not even be able to visit the other partner in the hospital during "family only" visiting hours. If, however, you have a medical Power of Attorney stating that your partner has authority to make medical decisions for you in the event that you are incapacitated, the law will recognize such decision-making authority. The medical Power of Attorney is also likely enough to allow one partner to visit the other during "family visitation hours." While I am on the topic of medical Powers of Attorney, you should also have a HIPAA Release Authorization. This will authorize your partner to have access to important medical information which is especially important if you are incapacitated and he or she needs to make medical decisions for you.

Similar to medical Powers of Attorney, a Durable or Statutory Power of Attorney is also important. This will allow the authorized person to pay your bills, access your bank accounts, and make other financial decisions for you in the event of your incapacity. If you are unable to do these things for yourself, it is important that someone you trust has the ability to pay your bills for you.

Finally, everyone should have a Living Will. a Living Will is a document which states your wishes related to life support in the event that you have a terminal illness or injury. You should keep a copy of your Living Will in your medical records at your doctor's office.

The documents described in this article are important for everyone to have, but especially people in committed homosexual relationships. They simply solidify your legal rights and ensure your wishes and desires are known. Having the documents will prevent expensive legal battles among your family and loved ones. It s also important to update the documents as your life changes. Be sure that the people named as authorized agents are people you trust to make the important decisions under stressful conditions. It is always better to be prepared early because you never know what is going to happen in the future.