Marriage comes with significant benefits, including social security, immigration rights, and tax advantages. From private industries, marriage allows spouses to share health insurance and access benefits like the Family and Medical Leave Act (FMLA) for caregiving. However, not all these rights can be replicated through an estate plan.

What an estate plan can do is safeguard key rights such as:

• Hospital visitation.
• Inheriting assets from your spouse.
• Making critical medical decisions on behalf of your spouse.

For the LGBTQ+ community, especially in a time when marriage rights may feel uncertain — such as the possibility of a Second Trump Administration — estate planning becomes more crucial than ever. While it cannot replace the full benefits of marriage, a well-crafted estate plan can replicate many of its protections.

Key Protections an Estate Plan Can Offer

1. Inheritance Rights

In all states, if a married individual dies without a Last Will and Testament, assets are distributed according to state law. These laws usually allocate a portion of the assets to the surviving spouse.

However, if same-sex marriages were no longer recognized, this automatic inheritance could be jeopardized. An estate plan ensures your spouse receives the inheritance they deserve by naming them explicitly in a will or trust.

Even if you aren’t married, having an estate plan is essential if you are estranged from family members, as it prevents unwanted relatives from inheriting your assets. It also allows you to support causes you care about, such as LGBTQ+ nonprofits.

2. Health Care Decisions

Most states allow the closest living relative to make medical decisions for someone who becomes incapacitated. However, with a Health Care Power of Attorney, you can choose exactly who has that authority — typically your spouse or partner.

This document ensures:

• Your spouse or chosen individual can make decisions without interference.
• Your wishes, such as continuing gender-affirming treatments, are communicated to health care providers.

This clarity reduces uncertainty and protects your well-being during difficult times.

3. Hospital Visitation Rights

State laws often define who qualifies as “family” for hospital visits. If your marriage or children are not legally recognized, this can create complications.

An estate plan allows you to:

• Specify who may visit you in the hospital.
• Empower a trusted person to decide who else can visit, if needed.

Having clear instructions in advance helps avoid unnecessary conflicts during emotionally challenging moments.

4. Advance Directive for Health Care

An Advance Directive works alongside a Health Care Power of Attorney but comes into effect when you are in a terminal condition and unable to make decisions.

Without this document, your closest living relative — as defined by state law — would make end-of-life decisions, which may not align with your wishes. If same-sex marriage were repealed, this could exclude your spouse.

By signing an Advance Directive, you:

• Retain control over your end-of-life care (e.g., life-saving measures or palliative care).
• Ensure the right person is contacted and empowered to make decisions.

5. Naming Beneficiaries

Financial accounts, retirement plans, real estate, and vehicles can all be passed to a designated beneficiary upon your death. Naming your spouse or partner as a beneficiary ensures they receive these assets directly, acting similarly to spousal inheritance rights.

Proactive planning includes:

• Updating beneficiaries on bank accounts, investment portfolios, and insurance policies.
• Including instructions for real estate or other significant assets.

This simple step ensures your spouse is protected, regardless of changes to marriage laws.

Conclusion

While estate planning cannot replicate every benefit of marriage, it offers powerful tools to protect your spouse, assets, and wishes. For the LGBTQ+ community, a comprehensive estate plan provides peace of mind in an uncertain legal landscape. By addressing inheritance, health care decisions, hospital visitation, and beneficiary designations, you can safeguard the rights and protections that matter most. 

Don’t leave your future to chance. Protect your spouse, your rights, and your legacy with a comprehensive estate plan. Contact us today to secure peace of mind for you and your loved ones.

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