Beyond Marriage: Estate Planning Essentials for LGBTQ+ Couples in an Uncertain Future

After just a few weeks into his second term, Trump has taken significant action to reduce protections for marginalized communities, particularly LGBTQ+ individuals. In light of these threats, it is more critical than ever to have the right legal documents in place to safeguard your rights, relationship, and financial future.

What legal steps can you take to protect yourself and your loved ones? Here are essential estate planning documents every LGBTQ+ person should have.

‍Updating Your Healthcare Power of Attorney

A healthcare power of attorney allows you to designate a trusted individual to make medical decisions on your behalf if you become incapacitated. This document is particularly important for LGBTQ+ individuals, as it:

• Ensures that your chosen representative has the legal authority to make decisions for you.
• Allows you to clearly state your preferred name, pronouns, and gender identity, ensuring your dignity is respected in medical settings.
• Prevents healthcare providers from disregarding your identity, especially in cases where they may falsely attribute your preferences to a medical condition or injury.

For non-binary, gender-fluid, or transgender individuals, this document is crucial in preventing discrimination and ensuring that healthcare providers honor your identity.

‍Updating Your Will: Protecting Your Partner’s Rights

‍A will is one of the most powerful legal tools for ensuring your spouse or partner inherits from you after you pass away. This is especially urgent given that Idaho has already moved to overturn same-sex marriage, and similar efforts could arise in other states. If same-sex marriage were to be invalidated, a standard will that simply states your "spouse" inherits everything could be challenged in court. To strengthen your will:

• Consider removing the word "spouse" and instead name your partner directly.
• Alternatively, include a specific definition of "spouse" within the document to reinforce your intent.
• Work with an estate planning attorney who specializes in LGBTQ+ legal matters to determine the best strategy for you and your family.

Taking these steps prevents legal loopholes that could strip your partner of their rightful inheritance.

‍Executing a Hospital Visitation Authorization

‍A hospital visitation authorization ensures that you control who can and cannot visit you in the hospital if you require medical care.

• The Centers for Medicare & Medicaid Services (CMS) requires hospitals receiving federal funding to honor these designations, giving you legal power to dictate visitation rights.
• While most hospitals traditionally allow spouses to visit each other, a religious-based facility or a hospital in a state that no longer recognizes same-sex marriage may deny your spouse visitation rights.
• This document provides a legal safeguard, ensuring that your partner can be by your side, even if marriage laws change.

By having this authorization in place, you eliminate any doubt about your loved one's right to be with you in times of crisis.

‍Updating Your Beneficiary Designations

‍Most financial accounts and insurance policies allow you to name a beneficiary who will inherit the asset upon your passing. Why is this important?

• Assets with designated beneficiaries bypass probate, making it difficult for anyone to challenge the transfer.
• Ensuring your spouse or chosen loved ones are named as beneficiaries prevents hostile family members from contesting the inheritance.
• It provides your spouse with quick access to financial resources, which can be critical during a difficult time.

Regularly review and update your beneficiary designations for:
✔️ Bank accounts
✔️ Retirement funds (401(k), IRA)
✔️ Life insurance policies
✔️ Real estate with a Transfer on Death (TOD) deed

‍This simple step can provide immediate financial security for your loved ones.

‍Consider Leaving a Legacy Gift to LGBTQ+ Non-Profits

‍Now, more than ever, LGBTQ+ non-profits play a crucial role in advocating for equality and protecting our rights. If you’ve supported an organization during your lifetime, consider making a legacy gift as part of your estate plan.By leaving a portion of your estate to an LGBTQ+ non-profit, you:
🌈 Help fund legal battles for LGBTQ+ rights.
🌈 Support community programs and resources.
🌈 Ensure future generations continue the fight for equality.Some incredible organizations to consider include:

• Lambda Legal (www.lambdalegal.org)
• The Trevor Project (www.thetrevorproject.org)
• GLAAD (www.glaad.org)
• National Center for Transgender Equality (www.transequality.org)

Leaving a legacy gift is a powerful way to support the LGBTQ+ community for years to come.

‍Take Action Today: Protect Your Rights

‍With ongoing legal and political uncertainty, now is the time to take control of your future. By securing these essential estate planning documents, you ensure your rights, dignity, and relationships are protected, no matter what challenges arise.If you have questions about estate planning for LGBTQ+ individuals, reach out to a trusted LGBTQ+ estate planning attorney. The right legal guidance can provide peace of mind and protect what matters most.

👉 Need help getting started? Contact an LGBTQ+-affirming estate planning attorney today!