LGBT Estate Planning

Yes, if you are married or in a registered relationship and in a state which recognizes that relationship. However, if you’re unmarried and either, 1) not in such a registered relationship, or 2) you are in a state which does not recognize that relationship, then default state law allows your …

[Read more...] about Can I make decisions about my spouse or partner’s remains?

If you are married or in a state that recognizes civil unions or domestic partnerships and you register as such, proof of such marriage or registration would be sufficient. Otherwise, you would need to have your spouse or partner designate you as agent under their Health Care Power of Attorney. The …

[Read more...] about How can I be sure that I will be allowed to visit my spouse or partner in the hospital or assisted living facility?

If you are in a marriage, registered domestic partnership, or civil union, your spouse or partner can make those decisions for you. If you are not in a registered relationship, then state law would recognize your family of origin to make those decisions. However, you can override state law and give …

[Read more...] about Can my spouse or partner make medical decisions for me if I’m sick?

No, you have to do estate planning in order to allow your spouse or partner to have that authority. Specifically, by designating your spouse or partner as agent under a General Durable (Financial) Power of Attorney, he or she can make decisions on your behalf regarding financial matters. …

[Read more...] about Can my spouse or partner handle my financial affairs if I am incapacitated?

You will be treated as “legal strangers” for purposes of state and federal laws. As a result, if you do not have an estate plan, your partner would not have the right to inherit from you, have preference to be appointed your guardian, or many other rights you would assume a spouse would have. …

[Read more...] about I am in an unmarried relationship, do I need to plan?