A note on terminology: The acronym LGBT in this article represents a full variety of gender identities and sexual orientations. Queer, questioning, gender expansive, intersex, non-binary individuals and more are included in our understanding of the LGBT community.
Advance care and estate planning are for everyone and especially for those living outside of the traditional, heteronormative experience. Older LGBT adults may face unique factors that complicate their end-of-life care and life experiences as they age. They may also face discrimination or harassment when seeking healthcare. Additionally, they are less likely to have children, more likely to be legally single, and may not always have affirming relationships with their family of origin. Lastly, many from the LGBT community form families of choice made up of close friends, partners, and former partners. If you identify as LGBT, there are two important considerations to ensure your future wishes and that your family is respected: advance care planning and estate planning.
First, make sure that you are thinking about advance care planning for your healthcare. Advance care planning puts the decisions back where they belong – in your hands. A well-written health care power of attorney and advance directives document will allow you to decide what your care looks like throughout your life, and at the end of your life. A living will, also called advance directives, ensures that your wishes about your end-of-life care are respected. More than that, these documents identify your family and advocates to ensure that you have a voice in your care. A durable power of attorney designates a person who you want to take care of your financial and business affairs. This ensures that your affairs will be managed should you ever be unable to do so.
Together, a health care power of attorney, advance directives, and durable power of attorney, can prevent the need for a Court to appoint a guardian if you are ever incapacitated. Court appointed guardianship is costly, public, and takes decisions out of your hands and into the courts. Advance care planning keeps your decisions private and in your hands.
Second, make sure that you are planning for a time when you are gone. There are many ways to ensure that your wishes at the end of your life are respected, from wills, trusts, pre-need funeral arrangements, and transfer on death accounts and deeds. Estate planning is a powerful tool to protect you, your legacy, and your family. If you are not legally married to your partner, estate planning is essential to ensure that your partner inherits from you what you intend. If you are raising a minor child with your partner but have not established parental rights to the child, your estate plan will ensure you can continue to provide for your child.
At McGill Law, we know that advance care and estate planning, just like families, isn’t one-size-fits-all. We will take the time to talk with you about your hopes and fears to create a unique plan that leaves you and your loved ones safe and secure.
Give us a call at (402)548-5148. We would love to help.