LGBTQ+ Estate Planning

Yes, absolutely. While marriage equality (thanks to Obergefell v. Hodges and the Respect for Marriage Act) provides many federal protections, a comprehensive estate plan is still crucial. It allows you to address specific wishes like avoiding probate, minimizing taxes, protecting assets for beneficiaries, and nominating guardians for children. More importantly, it provides an essential layer of protection should you encounter discrimination, or if laws were to change, ensuring your choices are unequivocally documented and legally binding.

If Obergefell were overturned, the right to same-sex marriage would likely revert to individual states, creating a patchwork of laws. While it's uncertain if existing marriages would be invalidated (logistically, this would be extremely complex), proactive estate planning becomes even more vital. Documents like wills, trusts, and powers of attorney can help secure your rights and protect your spouse or partner regardless of shifts in marriage laws.

No, not automatically, even if you are married. To give your spouse or partner legal authority to manage your finances (like accessing bank accounts or paying bills for your care) if you're unable, you need to designate them as your agent under a Durable Power of Attorney for Finances. This is a key part of estate planning.

While marriage often grants this right, it's not guaranteed, especially if you encounter a hostile medical team or unsupportive family members. A Healthcare Power of Attorney (or Medical POA) is crucial. This document legally appoints the person you choose (your spouse, partner, or trusted friend) to make medical decisions on your behalf. It also allows you to specify your wishes regarding end-of-life care in a Living Will or Advance Directive.

Clear, legally sound estate planning documents are your strongest defense. A well-drafted Will and, particularly, a funded Living Trust can make it much more difficult for estranged family members to challenge your intentions regarding who inherits your assets or who makes decisions for you. Clearly naming beneficiaries on all accounts is also vital.

The best first step is to consult with an experienced estate planning attorney who understands the unique needs and challenges of the LGBTQ+ community. They can help you assess your situation, understand your options, and draft documents that accurately reflect your wishes and provide maximum protection for you and your loved ones. You can also start by gathering information about your assets, debts, and identifying who you’d want as beneficiaries and decision-makers.