June is a time of celebration and reflection
for the LGBTQ+ community as Pride Month shines a spotlight on the progress made
in the fight for equal rights. While significant strides have been made, such
as the legalization of same-gender marriage and increased recognition of LGBTQ+
families, there is still a large gap in estate planning for LGBTQ+ individuals.
Estate planning laws are still written for non-LGBTQ+
individuals, and many lawyers aren’t well equipped to customize their estate
plans to account for the unique family dynamics and wishes of LGBTQ+ clients. Sadly, if you have LGBTQ+ family members or
are in a non-traditional family dynamic of any kind and don’t have a custom
estate plan, the people you love most could find themselves accidentally
disinherited from your estate or stuck in a lengthy and expensive court battle.
To make sure your family is well-cared for no
matter how the law defines you, keep reading to learn why customized estate
planning is so crucial for LGBTQ+ and all non-traditional humans.
Care for
Your Family as You Define It
Gratefully, we now celebrate the beautiful
diversity of family structures, encompassing same-gender couples, unmarried
partners, civil unions, polyamorous relationships, and an array of other unique
family dynamics. However, when it comes to death or incapacity, the law still
lags behind, often failing to accommodate non-traditional family units in ways
that you would choose.
At any rate, if you die without an estate plan
in place, the law will apply the state’s default estate plan to your unique
situation. Under the law’s default plan, your possessions and money will pass
to your next closest relatives by blood or marriage. If you aren’t legally
married to your partner or partners, the people you love will be automatically
disinherited in the event of your death.
Likewise, if you have children that are
unrelated to you genetically who you haven’t formally adopted, like a partner’s
child or stepchild, those children will not receive anything from your estate
after you die. Even if you’re married to
the child’s parent, the law does not recognize a stepchild as a direct
descendant and therefore doesn’t include them in its default plan.
To make sure the people you love—your chosen
family—are taken care of. No matter how
the law labels your family, it's important to create a custom estate plan that
ensures your assets are distributed according to your wishes and that your
partners, children, and chosen family members are protected and cared for if
something happens to you, even if may not be recognized under default
inheritance laws.
Protect
Your Financial and Health Care Rights
If you ever wondered who would take care of
you and your things if you become ill or incapacitated, your first thought is
probably your partner. Right? After all, it seems like common sense that your
partner of 10 years (or 2 years, or 5 years, or 20!) should be the one to make
healthcare decisions for you or pay your bills.
But unfortunately, the law doesn’t operate
based on what might seem like common sense when we look at our everyday lives
and relationships. The law doesn’t assume that you’d want any particular person
making decisions for you if you become incapacitated. Instead, your family
members will need to go through a stressful court guardianship procedure to be
granted decision-making power by a judge.
If your
family members can’t come to an agreement on who should be your decision-maker,
the court may assign a professional guardian—a complete stranger—to make
decisions for you instead!
To avoid court involvement altogether, it’s
vital to name your chosen decision-makers (Powers of Attorney) long in advance
of ever needing them. This is especially important if you want to choose a
decision-maker who isn’t related to you by blood or if you want to make sure
that any certain lifestyle choices or beliefs such as a special diet, style of
dress, or hormone therapy are still carried out if you’re incapacitated.
If you don’t put these wishes on paper and
name someone you trust to uphold them, it’s likely a judge won’t appoint your
chosen decision-maker. In this case, the person the judge chooses can make
whatever decisions for you they feel is best, even if that means ignoring your
chosen gender expression or identity.
No one expects to become incapacitated due to
an illness or injury, but sadly, it happens. Legally naming a decision-maker in
advance and talking about your wishes with them and your extended family helps
safeguard your rights and ensures that your wishes for how you are cared for
are honored while avoiding family conflict as much as possible.
Work With
a Lawyer Who Understands You
Protecting your family and your wishes as an
LGBTQ+ individual requires the guidance and expertise of a lawyer who
understands your unique circumstances and desires for your family. That’s where
we come in.
While the law may still fall short in
accommodating the diverse family structures and dynamics that exist today, we
understand that every family is different, and we know how to craft a custom
plan that not only protects your loved ones and ensures your wishes are
honored, but also embodies the values, beliefs, and stories that make your
family unique.
If you want to make sure your LGBTQ+ family
will be cared for and supported no matter what the future holds, schedule
a free 15-minute discovery call to learn more about how I serve LGBTQ+
families differently than other lawyers. Then, check back next week when I
cover part two of this blog.
This article is a service of Ganvir
Law, Personal Family Lawyer®. We do not just draft documents; we ensure you
make informed and empowered decisions about life and death, for yourself and
the people you love. That's why we offer a Family Wealth Planning Session™,
during which you will get more financially organized than you’ve ever been
before and make all the best choices for the people you love. You can begin by
calling our office today to schedule a Family Wealth Planning Session and
mention this article.
The
content is sourced from Personal Family Lawyer® for use by Personal Family
Lawyer® firms, a source believed to be providing accurate information. This
material was created for educational and informational purposes only and is not
intended as ERISA, tax, legal, or investment advice. If you are seeking legal
advice specific to your needs, such advice services must be obtained on your
own separate from this educational material.