Rebecca S. Spinner, Esq.
As an estate planning and elder law attorney,a member of the Board of Directors of the Massachusetts LGBTQ Bar Association, and as a member of the LGBTQ+ community myself, I am acutely aware of the unique concerns and challenges we face, particularly in the current political climate. Recent legislative efforts in many states, as well as federally, have raised anxieties about the erosion of hard-won rights and protections, making comprehensive estate planning more critical than ever. I want to assure you that proactive planning is critical to safeguarding your future and providing peace of mind, regardless of what may happen in the political arena.
Many in our community are asking: “Are my existing documents still valid? What happens if laws change? How can I protect my chosen family?” These are valid and important questions. While we can’t predict the future, we can take steps to prepare for it.
Why Estate Planning is Crucial Right Now:
Estate planning isn’t just about what happens after you’re gone. It’s about ensuring your wishes are respected while you’re alive, especially if you become incapacitated. This is where key documents like a Durable Power of Attorney (DPOA) and a Healthcare Proxy (HCP) become invaluable.
- Durable Power of Attorney (DPOA): A DPOA allows you to designate someone you trust (your agent) to manage your financial affairs if you become unable to do so yourself. This could include paying bills, managing investments, and even dealing with real estate. In times of political uncertainty, having a trusted agent who understands your values and priorities is crucial. They can act on your behalf, ensuring your financial stability and protecting your assets, even if legal challenges arise.
- Healthcare Proxy (HCP): An HCP designates someone to make medical decisions for you if you are unable to communicate your wishes. This is particularly important for LGBTQ+ individuals, as it ensures your chosen family – your partner, close friends, or other loved ones – are recognized and empowered to advocate for your healthcare, regardless of biological relationships. In a climate where some may try to undermine our rights, an HCP explicitly states who you trust to make these deeply personal decisions. It overrides any assumptions based on traditional family structures or gender stereotypes.
- Last Will & Testament: While a Will primarily addresses the distribution of your assets after your death, it’s also a vital document for LGBTQ+ individuals. It allows you to clearly define your beneficiaries, ensuring your chosen family and community are provided for. It can also be used to nominate guardians for minor children, addressing a crucial concern for many LGBTQ+ parents.
These documents are more important now than ever before. If something unexpected happens to you and you do not have these documents in place, a judge will decide who is making your legal, financial, and medical decisions, and they may not choose the person you would have chosen for yourself. Additionally, if you pass without a Will in place, your assets may pass to your heirs at law (for example, parents, siblings, or even more distant relatives), rather than to the persons or charities you may have intended for your assets to pass to.
Addressing Specific Concerns:
- Chosen Family: Estate planning is paramount for protecting your chosen family. Legal marriage is not always an option or may not desired by everyone in our community. Even when married, having these documents in place is critical to ensure that your partner or other loved ones will be able to step in to assist you, without court intervention, and they provide a clear legal framework for doing so. For those not legally married, these documents are essential to ensuring your loved ones have the same rights and protections as a spouse.
- Potential Legal Challenges: While we hope for a future of equality and acceptance, we must also be prepared for potential setbacks. Robust estate planning documents, drafted with the guidance of an experienced estate planning attorney, can help safeguard your rights and intentions, even if laws change.
- Privacy and Confidentiality: Working with an attorney who understands the nuances of the LGBTQ+ community ensures your privacy and confidentiality are respected. We can help you navigate sensitive issues and create a plan that reflects your unique circumstances.
Don’t Wait, Plan Now:
I urge members of the LGBTQ+ community to prioritize estate planning. Don’t wait until a crisis occurs. Proactive planning is an act of self-care and empowerment. It’s about taking control of your future and ensuring your loved ones are protected, regardless of the political climate.
If you have questions or concerns, please reach out to an estate planning attorney specializing in LGBTQ+ issues. We are here to help you navigate these uncertain times and create a plan that provides you with peace of mind. Your future, and the future of your chosen family, is worth protecting.
