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Home » LGBTQ Estate Planning » Can My Same-Sex Partner Decide What to do with My Remains?

Can My Same-Sex Partner Decide What to do with My Remains?

February 26, 2015LGBTQ Estate Planning

same-sex partnerWhen one spouse passes away, there is an absolute right belonging to the surviving spouse, to decide what to do with the deceased spouse’s body and to make all funeral arrangements.  The same is not true for same sex couples who live in states where their unions are not legally recognized.  The good news is, an estate plan that addresses these and other issues concerning gay couples, can be a very easy solution.  Having the right plan in place will make it so that your same-sex partner can decide how to dispose of your remains.

The status of same-sex couples in California

In 2013, California became one of the rising number of states in our country that has legalized gay marriage.  This means that gay couples who are legally married in the state of California, will have the right to make the same decisions for their spouses as heterosexual spouses have always enjoyed.  This includes deciding how to dispose of their spouse’s remains after death.  Yet not all gay couples choose to legalize their union.  What are the options for those same-sex couples who do not have the same legal rights as married couples?

How to obtain the right to make important decisions for your partner

There are many different estate planning instruments that can be used to give same-sex partners the ability to make the most important decisions for each other, whenever it becomes necessary.  These estate planning tools are known as Advanced Directives.  A durable power of attorney for health care is the most common way to achieve this goal.

With a durable power of attorney for health care, you can give your partner the authority to make decisions concerning your, not only your funeral arrangements, but your medical care and treatment, as well, should you become incapacitated.  This document can be created to take effect at any point when you are no longer capable of making your own decisions. With this legal document in place, same-sex cannot be excluded from hospital rooms, for example.  You can bestow upon your partner all of the rights and privileges of a legally married spouse, by expressing your wishes in a written document that must be honored.

Let us know if you need help

As California estate planning attorneys, we understand the diverse needs of the LGBTQ community. Our firm is very sensitive to those needs. As the laws regarding same-sex couples continue to transform, the LGBTQ community will be faced with many challenges created by the dissimilar treatment of their relationships in each state.  Issues relating to estate and tax planning, probate, gifts and more, will be of great importance.

If you have questions regarding advanced directives, or any other LGBTQ estate planning needs, please contact the Schomer Law Group either online or by calling us at (310) 337-7696.

To learn more, please download our free LGBTQ relationship recognition in California report here.

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Scott Schomer, Estate Planning Attorney
Scott Schomer, Estate Planning Attorney
A graduate of Boston University School of Law, Scott P. Schomer is a frequent lecturer on estate planning and elder law issues, having discussed these important issues on local and national television. A seasoned courtroom advocate, Scott has obtained combined judgments and verdicts in excess of twenty-five million dollars for his clients. Scott has served as a member of the Los Angeles Superior Court Probate Volunteer Panel (PVP Attorney), Probate Settlement Panel and a Judge Pro Tempore. Scott's expertise has been recognized by his peers with such accolades as a life-time membership in the Multi-Million Dollar Advocates Forum, the Five Star Wealth Manager designation, and repeated nominations as California Super Lawyer.
Scott Schomer, Estate Planning Attorney
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We need to update our Living Trust and attended Schomer Law Group’s seminar. Afterwards we made an appointment and were impressed by the attention Scott Schomer and Liran Aliav gave to our case answering all questions and making suggestions how to minimize the estate tax. All the office staff is very friendly and we highly recommend Schomer Law Group.

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When you’re presented with an invitation to attend in a mailer, you may have reservations, this was a truly gift!! My wife and I were educated and guided through the process of creating a family trust.
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We knew we had to update our 10 year old ( 20 page ) trust. After several detailed meetings, Liran and Cesar produced a large ( 300 pages + ) highly detailed trust document that we have used to make sure our family estate is well managed and clearly understood.
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We had contemplated updating our will and starting a trust for a number of years. After attending a talk by Scott Schomer we realized we were long overdue and the potential downside of not having our affairs in order was significant. Scott and his excellent team made the process simple and seamless. They were great listeners, addressed all our concerns and even pulled and processed all the paperwork from our financial institutions. If you are looking for assistance with estate planning, wills and trusts, we highly recommend Schomer Law Group.

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