Don't let the state decide your fate.
Recently a 37 year-old woman died of cancer and her life partner was left with a legal battle over her assets with the surviving family. This could have been avoided entirely by simply filling out a single legal form.
Most people don't want to think about estate planning, wills, beneficiaries, and LGBT and same sex couples fail to plan for the future to avoid nightmarish scenarios like life partners being denied visitation access in a hospital during one dying partner's last moments on Earth by the sick partner's family. Could you think of anything worse than being turned away at the hospital to see the love of your life while they are passing?
This could happen in a state where gay marriage is not recognized, but it could happen in any state where two same-sex partners are not prepared. Some states offer domestic partnerships to same-sex couples and several states have made it completely legal.
The states that allow gay marriage are Iowa, Massachusetts, Connecticut, Vermont, New Hampshire, New York, and Washington. D.C also allows gay marriage. Maryland recognizes out-of-state marriages but has no system for same-sex marriage itself.
The following states have civil unions which afford the same rights as gay marriage states: California, New Jersey, Oregon, Washington, and Nevada.
Since there's a lack of protection for LGBT couples, then they should do what they can to avoid government confiscation of property and assets.
Here's some action steps you can take to avoid a nightmare for yourself or your partner in the event of an accident or death:
Designate a beneficiary. Banks have forms where you can designate where the assets will go. Get a will for your pets. Ensure that any adopted children will be supervised by your surviving partner (if that's what you want) so that they do not become foster children under the state. Get an advanced health care directive from your doctor, which is like a health care power of attorney.
For allocation of real estate, property, and other financial assets, a will or living trust will be necessary.
These are all solutions that gay couples and same-sex couples can use to protect themselves and each other in the event of death or accident. The important thing is that you educate yourself now and make some decisions- get them out of the way, and protect the people you love.
Finally, with important documents, it may seem counterintuitive, but you may not want to put them in a safety deposit box because of the restrictions on accessing one during death or a period of disability for a partner. Get the documents and make copies of them and store the copies in an accessible place. Make digital copies. Then store the originals somewhere safe, with a trusted friend or relative in a safe where your partner knows the combination lock. Also, you can have the attorney who assists you with estate planning hold onto the originals.
Make sure to prepare for the future so that you are in control of your destiny and your partner will be cared for.
Visit a friendly LGBT Church Los Angeles. The Good Shepherd Church in Pasadena offers support and assistance to the LGBT community. More than one of many gay churches Los Angeles - it's a church for everyone.
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