Members of the LGBTQIA+ community have faced legal, social, and emotional struggles throughout recorded history. While there have been some long overdue legal and societal victories for the community in recent years, complete legal equality and blanket acceptance by society has yet to occur. Until those goals are achieved, members of the LGBTQIA+ community must still use all available legal means to protect themselves, their assets, and their loved ones. Toward that end, the Los Angeles attorneys at Schomer Estate & Wealth Advisors discuss the importance of estate planning for members of the LGBTQIA+ community.
The Intersection of Estate Planning and the LGBTQIA+ Community
A comprehensive estate plan is something that every adult can benefit from throughout their entire lives. Estate planning takes on a heightened importance, however, for members of the LGBTQIA+ community. The fight against prejudice and for legal equality landed on the steps of the U.S. Supreme Court several years ago. Finally, the right to marry was declared to be a fundamental right, meaning that individual states could not ban same-sex marriage and that each state must recognize same-sex marriages performed in other states. While that victory was an important one, it fell short of creating true legal equality for members of the LGBTQIA+ community. Making matter worse is the tenuous nature of the ruling given the knowledge that current or future courts could reverse that ruling or place limitations on its application. Fortunately, estate planning tools and strategies are available to help ensure that members of the LGBTQIA+ community are able to protect themselves, their loved ones, and their assets.
LGBTQIA+ Estate Planning Tips
To ensure that your family is protected and provided for and that your wishes are honored, you should work closely with an experienced estate planning attorney and consider the following LGBTQIA+ estate planning tips:
- Have an up-to-date plan in place. Do not put off creating your estate plan. Of equal importance, be sure to update that plan if laws or circumstances change.
- Name your spouse or partner in all documents. Legal documents often use the generic term “spouse” in lieu of an actual name. Given the legal quagmire that members of the LGBTQIA+ community have lived in surrounding marriage, be sure to use your spouse/partner’s actual name in all estate planning documents.
- Execute advanced directives. A healthcare Power of Attorney gives your spouse/partner the right to make healthcare decisions for you if you cannot make them while a Living Will lets you make specific medical treatment decisions for yourself now in case you cannot make them later because of incapacity.
- Formally adopt children. If you have children, make sure that both parents are legally recognized as the children’s parent through adoption, if necessary.
- Name your spouse/partner as guardian. Even if you are legally married, nominate your spouse as your child’s legal guardian in your Last Will and Testament.
- Plan for incapacity. To make sure that your spouse/partner has the legal authority needed to control assets and finances if you become incapacitated, consider executing a durable Power of Attorney and/or creating a revocable living trust that names him/her as the successor Trustee.
- Sign a HIPAA release. Signing this form allows doctors and others health care professionals to disclose health information and records to your spouse/partner.
- Include a funeral planning component in your estate plan. Imagine your spouse/partner being excluded from the planning and decision-making that follows your passing. Sadly, this happens all too often. To ensure that your spouse/partner has the legal authority to make those decisions and be involved in planning your service and burial, include a funeral planning component in your estate plan.
Do You Have Additional Questions about Estate Planning for Members of the LGBTQIA+ Community?
For more information, please join us for an upcoming FREE seminar. If you have questions or concerns about LGBTQIA+ estate planning, contact the experienced Los Angeles estate planning attorneys at Schomer Estate & Wealth Advisors by calling (310) 337-7696 to schedule an appointment.
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