Estate Planning for Gay and Lesbian Couples
Every family may benefit from careful estate planning. However, estate planning for same-sex couples is even more critical, as same-sex couples do not always enjoy the same legal protections as husbands and wives.
Men and women in a same-sex relationship must have an estate plan that carefully states their wishes regarding the distribution of their estate because, unless they are registered domestic partners or in some other legally recognized relationship, state and federal laws do not protect a life partner or give that person the same rights or protections that are afforded under those laws to blood relatives. A comprehensive estate plan should also plan for the possibility of an injury or illness that could render an individual incapacitated and unable to make critical decisions or express his or her wishes. Key estate planning documents that may benefit people who are in a same-sex relationship include:
- Wills: With a properly drafted will, you can express your desires regarding the distribution of your assets to your partner and other loved ones of your choosing upon your death. Through your will, you can also designate the executor of your estate, an appointment over which other family members would otherwise have priority.
- Trusts: Like wills, trusts express your desires regarding the distribution of your assets to your partner and other loved ones upon your death, but have the added benefit of reducing probate costs and more efficiently planning for the management of your estate in the event of your death or incapacity.
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Durable Powers of Attorney for financial and personal affairs: Durable Powers of Attorney (DPAs) are used to ensure that your partner will have the ability to make financial decisions for you in the event of your incapacity, including the power to access your accounts, pay your bills and manage your financial affairs, file your tax returns, and otherwise deal with your personal affairs at a time when you are unable to do so. DPAs can help protect against the unwanted interference of other family members.
- Advance health care directives: Advance health care directives will allow your partner to make important health care and end-of-life decisions for you when your doctor determines that you are no longer capable of making those decisions for yourself. It is also imperative that you sign the proper authorizations (e.g., HIPAA authorizations) to override the laws that prohibit your doctors and other health care providers from communicating with your partner about your health care matters or otherwise sharing your private medical information during a time of incapacity.
- HIPAA release/authorization: In addition to drafting your health care directive, our experienced estate planning lawyers can draft a HIPAA release on your behalf. (HIPAA is an acronym for "Health Insurance Portability and Accountability Act of 1996".) A HIPAA release is necessary to authorize your doctors and other health care providers to communicate with a designated person regarding your medical and health care matters. The HIPAA release ensures that your partner will have the ability to speak with your doctors, view your medical records and generally be informed about the status of your health and treatment.
In addition to these core estate planning tools, we also assist men and women in a same-sex relationship who need help, guidance and advice regarding the creation and filing of a registered domestic partnerships with the California Secretary of State.
Experienced Representation | California Certified Specialist
Our founding attorney, Paul D. Velasco, is certified as a specialist in estate planning, trust and probate law by the State Bar of California Board of Legal Specialization — a distinction held by less than one percent of all attorneys in California. Each of our attorneys has extensive experience in estate and probate law and is prepared to provide the knowledgeable advice and support your require.
Our Estate Planning Questionnaire for Domestic Partners can be found here
Contact Us
To speak with one of our Long Beach estate planning lawyers, call 562-912-2175 or contact us by e-mail. To provide convenient, local representation to our clients, we have law offices in Long Beach and Newport Beach, California.
