The Importance of Legal Planning for LGBT Individuals and Couples

In the past few months, the LGBT community has seen great strides in equality with states passing marriage equality laws for same-sex couples. However, there is still a federal ban, Defense of Marriage Act, (DOMA), that restricts about 1,138 benefits from same-sex couples and many states do not recognize any form of same-sex couple marriage benefits.

For example, did you know that unless otherwise specified in many states, only legal spouses or family members – not lifelong partners — can visit you in the hospital should you be unconscious? Or that vital decisions like power of attorney can default to a biological family member who doesn’t even know what you wishes are or they may not “agree with” your sexuality?

LGBT individuals need to be proactive to ensure that their plans for the future reflect their own wishes and are not dictated by laws that do not fit your life and relationships or individuals who are not involved in your life and relationships. Legal documents, such as the ones available on this site, can provide you legal and emotional security in the event that something unexpected occurs.

If you are in a committed relationship, you may want your significant other to be able to make medical and legal decisions for you, should you unable to make them yourself.  You would like to plan for the future of your family to ensure they are taken care of when you are gone.

Even if you are not in a committed relationship, you want to make decisions about your own life and future without unwanted intrusions from others.  By planning now you can feel comfortable that you, your family and your future are taken care of exactly the way you envision.  Because, unfortunately, LGBT individuals cannot rely state and/or federal laws to take care of them.

At a minimum, any  basic estate plan should include the following documents: Hospital Visitation Authorization, Living Will, Health Care Power of Attorney, Last Will and Testament, Power of Attorney.

Safeguard your relationship, secure your financial, property and health care rights by taking action now and prepare estate planning legal documents.