Life is unpredictable. For LGBTQ+ individuals, it can feel even more uncertain. Although we’ve made progress, our rights and identities are still too often questioned, challenged, or outright denied.
Creating a Power of Attorney (POA) offers a little extra peace of mind. It’s about knowing that the people you trust most, your chosen family, and those who love you unconditionally will have the authority to stand by you when it matters.
At ALH Law Group, we believe protecting yourself through LGBTQ+ estate planning is one of the strongest expressions of self-love and community care. Let’s talk about POA details, including:
- Why it specifically matters to LGBTQ+ members
- Real-life scenarios in which a POA matters
- How to take action today
What Exactly Is a Power of Attorney?
A Power of Attorney allows you to appoint someone you trust (a partner, spouse, close friend, or a chosen family member) to make informed decisions on your behalf if you are unable to do so.
There are different types of POAs, each serving a specific purpose:
Healthcare Power of Attorney
A Healthcare Power of Attorney gives someone you trust the authority to make medical decisions if you’re unable to communicate.
For LGBTQ+ people, this can be especially meaningful, as it ensures that your partner, spouse, or chosen family member can advocate for the care you want and speak up for your identity, pronouns, and chosen name in healthcare settings. It removes uncertainty about who doctors and hospitals will listen to in moments that matter most.
Financial Power of Attorney
A Financial Power of Attorney allows your chosen person to handle financial affairs on your behalf, from paying bills and managing bank accounts to making larger decisions about property or investments. Without this protection, the law may default to people who don’t truly know your life or your priorities.
Granting financial authority to someone you trust helps keep your home, income, and assets secure, even if you can’t manage them yourself for a time.
Durable Power of Attorney
A Durable Power of Attorney is a financial document that stays in effect even if you become incapacitated. Unlike a “springing” power of attorney, it does not require a doctor’s certification or other event to take effect; it is valid as soon as it’s signed and continues without interruption if you cannot manage your own affairs.
For LGBTQ+ people, a durable designation provides peace of mind that the right person (not the person the state chooses) will always have the legal authority to protect your wishes and your dignity.
Without a POA, the law decides who gets to step in. For many LGBTQ+ individuals, that may default to biological relatives, even if those relatives don’t support your identity, your partner, or the family you’ve built.
Why Would You Need a Power of Attorney in the LGBTQ+ Community?
For the LGBTQ+ community, a Power of Attorney is a declaration of self: it protects your dignity, honors your family, and makes sure your voice is never left out. Here’s why:
1. Protecting Chosen Family
Many LGBTQ+ people define family differently than the law does. Chosen family (partners, friends, or community members) may be the ones closest to your heart, but without essential legal documents, they may have no authority to help in a crisis. A POA gives them the legal recognition they deserve.
2. Respecting Identity in Healthcare
There have been painful stories of trans and nonbinary people whose pronouns and chosen names were ignored in medical settings. With a healthcare Power of Attorney, you can designate someone who will advocate for your identity and ensure your wishes are followed, even when you cannot speak for yourself.
3. Avoiding Family Conflict
In moments of crisis, some biological family members may step in, even when they haven’t been supportive of your identity or relationships. This can lead to painful disputes about your care or finances.
A Power of Attorney puts decision-making power firmly in the hands of the people you trust, not those the law assumes should decide.
4. Protecting Relationships
Hospital visitation, medical updates, and caregiving access are often restricted to “next of kin.” If you’re unmarried or your marriage is not recognized in certain settings, your partner could be barred from the room. A POA makes their right to be by your side clear and unquestionable.
5. Preparing for Uncertain Times
While marriage equality and LGBTQ+ protections exist today, laws can shift. As we’ve discussed in our article about the potential impact of overturning Obergefell v. Hodges, even the right to marry could face challenges in the courts.
The political climate has shown us that rights we once believed were secure may be questioned again. A Power of Attorney creates stability in the face of that uncertainty, making sure your partner or chosen family has the authority to act for you regardless of shifting laws or policies.
Real-Life Scenarios Where a POA Makes a Difference
It’s one thing to talk about legal protections in theory, but it’s another to imagine what happens in everyday life without them.
For LGBTQ+ people, the absence of a Power of Attorney can create painful and avoidable situations. From medical crises to financial strain, here are a few examples of how a POA can make sure your wishes are respected and your chosen family has the authority to step in when you need them most:
Medical Emergency
You’re in an accident and unconscious. Without a medical POA, your estranged parents may be called to make healthcare decisions instead of your partner of 10 years.
Hospital Access
Your best friend, who you consider your family, could be denied access to visit you in the hospital if they are not legally recognized. A POA ensures they’re not left in the waiting room, ignored by your healthcare provider, or blocked from your important medical records.
Financial Security
If you’re unable to manage your accounts, a financial POA lets your trusted person pay your bills, manage rent or mortgage payments, and protect your assets. Without it, a court may appoint someone you never would have chosen to manage financial affairs.
These are not distant “what ifs,” but are real situations LGBTQ+ individuals have faced, and they are preventable if you plan for the future.
POA Legal Documents Preserve Your Dignity
Ultimately, a Power of Attorney affirms your autonomy. It says, “I get to choose who speaks for me.” It protects your pride, identity, and chosen family.
And perhaps most importantly, it’s about love. Love for yourself, because you’re taking steps to protect your voice. Love for your partner and friends, because you’re making sure they’re not left powerless in the face of legal barriers.
Begin Your Estate Planning Today With ALH Law
At ALH Law Group, we know first-hand that LGBTQ+ people face distinct challenges when it comes to protecting what matters most. That’s why we create affirming estate planning solutions that reflect who you are and who you love.
You don’t have to face this alone. We’re here to walk with you, to answer your questions, and to help you put legal documents in place that honor your life and loved ones.
Schedule a consultation with ALH Law to create a Power of Attorney that reflects who you are and who you love. You don’t have to do this alone: our experienced estate planning attorneys are here, and we’re in this together.
