Roberts. DOMA. Wisconsin. Scalia. Prop. 8. Montgomery County. Social Security. Windsor. IRS.
Since the first free LGBTEI Legal Clinic last fall, these people, places and things have combined to turn the legal world upside-down for LGBT Americans. As a result, all LGBT people, no matter their age or marital status, should review and update or execute new legal documents. These documents include a will, living will, powers of attorney and disposition of remains.
As we have seen repeatedly, for LGBT individuals, end-of-life planning can become complicated if legal documents are not properly prepared. Particularly for partnered individuals, or those with marriages not recognized in the state in which they live, executing legal documents is the best way to ensure that your end-of-life plans will go according to your wishes. The same is true for single LGBT people.
When her same-sex partner unexpectedly died, a woman in Colorado was thrown into a state of turmoil, along with her sadness and sense of loss. She had envisioned a long and happy life together. She and her partner were in a legally recognized civil union in Colorado. Her partner had arranged for a funeral ceremony, and her cremation, to take place in Utah, where her family resided. Utah does not recognize Colorado’s civil unions.
The surviving partner was concerned that her deceased partner’s family might be able to seize the ashes after the funeral. There were no legally executed documents outlining the decedent’s wishes in Utah or in Colorado. Because they had a legally recognized civil union in the state where they resided together, the surviving partner was legally entitled to the ashes.
In Pennsylvania, same-sex partners do not have such protections. Pennsylvania has a state Defense of Marriage Act, preventing the state from recognizing same-sex marriages or civil unions. Despite this, some Pennsylvanians have been issued marriage licenses in Montgomery County. These marriages may be invalidated in the future. It is critical that, if you have been issued a marriage license in Montgomery County, or anywhere for that matter, you take the time to draft and execute wills and estate documents with your partner.
On Sept. 28, the LGBT Elder Initiative will conduct its second free LGBT Legal Clinic. The clinic will begin with a discussion of the legal issues that LGBT people face and what documents they should have prepared. Following the workshop, attendees will have the opportunity to have their legal documents completed, free of charge, by an attorney. The documents that can be prepared at this clinic are:
Will: A legal document that allows you to designate who inherits your money, property and personal belongings.
Living Will: A written statement of your wishes regarding life-sustaining treatment and other care if you have an end-stage medical condition and are unable to communicate those wishes. A living will can spell out your desire for resuscitation efforts, surgery, pain medication, etc. Health-care Power of Attorney: Allows you to designate someone else to serve as your health-care agent to have access to your medical records and make all health-care decisions. A POA should allow whomever you designate to have access to your records, but you may want to include the name of a trusted person whenever you are asked to authorize the release of protected health information. A Health-care POA is critical if you become unable to make health-care decisions for yourself.
Financial Power of Attorney: Allows you to name someone else to serve as your agent to make all financial decisions. While this documentation is prepared now, you can determine when the person you have designated will actually be able to manage your finances for you, e.g., when you are hospitalized, mentally unable to make decisions for yourself, etc.
Disposition of Remains: Allows you to name someone in charge of your final services and ensures that the disposition of your remains is carried out according to your wishes.
For these and many more reasons, all LGBT people should have their legal documents in order. If you would like more information about, or to register for, the free LGBT Legal Clinic to be held Sept. 28, call the LGBT Elder Initiative at 267-546-3448 or email [email protected]. You must register in advance for this program. Registration ends Sept. 23.
Rebecca Richman is a member of the LGBT Elder Initiative and is a paralegal wth the AIDS Law Project of Pennsylvania. The LGBTEI fosters and advocates for services, resources and institutions that are culturally competent, inclusive and responsive to the needs of LGBT older adults. To comment on this article, suggest topics for future articles or for more information, visit www.lgbtei.org or call 267-546-3448 and watch for “Gettin’ On” each month in PGN.