Planning for when you may become incapacitated is critical for everyone, but especially so for gay, lesbian, bisexual, and transgendered persons, as GLBT couples do not always have the same rights as heterosexual married couples under the law.
It is very important for GLBT people to think through what they want to happen if they cannot take care of themselves and their finances. You may want to have an attorney draw up the following documents and to spell out your wishes in each case.
• Durable power of attorney for finances-If you become unable to pay your bills or look after your finances, a court would probably appoint a biological relative to have control over your finances, if you have not already named someone to act in your behalf in these matters.
• Medical directive or living will-This document spells out your wishes as to prolonging of life and other medical care issues
• Durable power of attorney for health care-Also called a health care proxy, this allows another to make medical decisions for you if you are unable.
• Hospital visitation authorization-This names the people you wish to visit you in the hospital if you are unable to communicate this yourself.
• Instructions for disposition of your body and funeral arrangements-If you do not leave written instructions on these matters, most states will give control over your body to legal relatives.
In addition to these documents, it is very important for GLBT persons to leave a will designating who will inherit your property. If you die intestate, without a will or a trust, your same-sex partner is not legally entitled to inherit your property as a spouse would be.
To make sure your wishes will be protected, contact an estate planning attorney, who can help you with these difficult decisions.
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