š Planning Ahead: Protecting Marriage Equality & Your Future
With all the political turmoil in the U.S., itās unfortunately not surprising that marriage equality is being challenged again at the federal level. While many legal experts believe the Supreme Court wonāt outright overturn Obergefell v. Hodges right now, thereās still real concern that it could be weakened.
That makes this a good time to not only stay informed but also take actionāespecially around estate planning. Most of us put this off, but protecting ourselves, our partners, and our families is too important to ignore.
One of our Pride in Numbers members recently shared a TikTok from attorney Angela Giampolo (@gaylawyer) in Pennsylvania. She outlined 9 essential documents LGBTQ+ people should have in place to safeguard their marriages and protect their loved ones. I watched a few of her videos and was impressedāespecially since TikTok ātax/legalā content is often questionable. Angela, on the other hand, is knowledgeable, credible, and truly serving our community.
Hereās the list of documents she recommends:
Revocable Living Trust
Last Will & Testament
Healthcare Power of Attorney
Durable Power of Attorney
Living Will
Hospital Visitation Authorization Form – one for your partner annd one for your chosen family
Estate planning, estate planning, estate planning. These basic documents have always been the first impenetrable line of defense for LGBTQ+ individuals and couples. The nine LGBTQ+ specific documents that I recommend are: - Revocable Living Trust - Last Will & Testament - Healthcare Power of Attorney - Durable Power of Attorney - Living Will - Hospital Visitation Authorization Form ā one for your partner and one for your Chosen Family - Agent for Disposition of Remains - Pet Care Directive - Tangible Personal Property Memorandum I became passionate about estate planning after the Terri Schiavo disaster; a married, straight woman and yet her husbandās wishes about her end-of-life care were not respected because the family disagreed with him and wanted her kept alive artificially. At that moment, I realized the full importance of LGBTQ+ individuals to put their wishes in writing. A Revocable Living Trust is what we have been using for decades to recreate a marriage. If your relationship is a castle, consider this a moat around your castle - protecting you from government and family hostility. It is also a confidential document that is not given to the Register of Wills and acts as probate avoidance tool, which is extremely helpful to avoid government oversight after youāre gone and further ensure that your wishes are protected. Durable Powers of Attorney give someone the legal authority to act for you, as you, as if you were personally present. This is an immensely powerful and helpful document for LGBTQ+ folks. The health care documents are particularly important to ensure your wishes are protected. Moreover, even if you are married, you are only considered married in 37 countries out of 195 that fly a flag ā so a Hospital Visitation Authorization Form (HVA) is essential to travel with. Together, a Health Care Power of Attorney along with a Hospital Visitation Authorization Form will protect you. The second HVA is for your chosen family ā folks that are close to you like family and guarantees that they are allowed to visit you in the hospital, when they would otherwise be denied access. The Pet Care Directive/Trust is self-explanatory, it protects our fur babies! It appoints someone who will be able to take care of your pet immediately should anything happen to you; tells them who your veterinarian is and provides them a sum of money so that they can care for your pet the way you would want them cared for.
Angela also hosts a live Legal Q&A she calls āQueer & Aā every other Tuesday. I tuned in today, and it was both practical and empowering. Even betterāshe can help in multiple states and, if not, sheāll connect you with an LGBTQ+-friendly attorney who can.
āļø Iām not an attorney, and this isnāt legal adviceābut I encourage you to watch her video and think about where you stand with your own estate planning. At the very least, itās a reminder to start those conversations we all tend to put off.
To connect with Angela, check out her law firm Giampolo Law Group or find her on social media at @gaylawyer.
