Planning for the future isn’t always easy, especially when it involves scenarios we’d rather not imagine. Yet, taking steps to protect yourself, your loved ones, and your legacy is essential—especially for those in the LGBTQIA+ community. For years, before marriage equality became the law of the land, LGBTQIA+ individuals relied on careful estate and emergency planning to ensure their rights and wishes were honored. Today, these practices remain as vital as ever.
Here’s why estate and emergency planning matters, and how you can take control of your future.
Why Plan Now?
Creating legal documents like wills, healthcare directives, and powers of attorney offers you more than just peace of mind—it provides a safety net. Without these, state laws dictate decisions about your care, finances, and estate. This often means decisions default to biological relatives who may not support your choices or align with your wishes.
Planning ensures your chosen family and trusted individuals are empowered to act on your behalf when you cannot. It also prevents the courts, and other third parties from stepping in to make deeply personal decisions. The Legal Landscape is evolving – The time is now to prepare for a future filled with uncertainty and change.
Essential Documents for Everyone
Here are some foundational documents everyone should consider, especially those in the LGBTQIA+ community:
Financial Power of Attorney
This document designates someone to manage your finances if you’re incapacitated. Whether it’s paying bills or managing accounts, it ensures that the right person has access to your finances when you need them most.
Healthcare Power of Attorney and Living Will
These documents determine who makes medical decisions on your behalf. They also clarify your wishes for treatments or procedures, ensuring your identity and values are respected. Equally important, they can exclude individuals you don’t want involved in your care.
Guardianship Nominations
If you have minor children, guardianship nominations specify who will care for them in your absence. This document can also provide for backups, ensuring continuity even in worst-case scenarios.
Funeral Arrangements Document
For many in the LGBTQIA+ community, especially trans individuals, a funeral arrangements document is critical. It ensures your gender identity and presentation are respected in your obituary, service, and burial. A simple, notarized document can prevent family members from overriding your wishes.
Estate Planning: Beyond the Basics
Trusts
Trusts allow you to create an entity to hold assets, simplifying their transfer to your beneficiaries without court involvement. For example, instead of naming an individual as the direct beneficiary of your accounts, you can name a family trust. This keeps your estate private and avoids the delays of probate. But they can be cumbersome and come with additional tax considerations, and concerted effort to update all of your Titles and/ or Beneficiary Designations to “Fund” the Trust.
Beneficiary Designations
From bank accounts to vehicles, most assets allow you to assign beneficiaries directly. This ensures that assets transfer automatically upon your death, bypassing probate. You can also name a trust as the beneficiary for added control and clarity.
Titles with Transfer on Death (TOD) and Pay on Death (POD) Designations
If you own titled assets like a house or car, adding a TOD designation streamlines the transfer process. Any bank account or retirement policy etc., have POD designations to ensure that your beneficiaries get access to their asset as soon as possible. Upon your death, these assets go directly to the named individual without requiring court approval. If you have a Trust, the Beneficiary can be the Trust and not an individual.
Unique Considerations for the LGBTQIA+ Community
Medical Care Decisions
Without explicit instructions, healthcare decisions may default to estranged family members who may not respect your identity. Carefully crafted healthcare directives allow you to choose who can access your medical records, make decisions, and enforce your wishes.
Respect in Death
Funerals and obituaries can become contentious for LGBTQIA+ individuals. Documents that specify your funeral arrangements—right down to your clothing—ensure your memory is honored authentically.
Planning Ahead: A Gift to Your Loved Ones
Estate planning might feel daunting, but it’s far easier to take these steps now than to leave the burden to loved ones later. When you prepare, you remove guesswork and potential conflict, allowing those closest to you to focus on honoring your life and grieving their loss.
For those who already have documents in place, it’s worth reviewing them periodically. Life changes—relationships, assets, and laws evolve. Updating your plans ensures they always reflect your current intentions.
Taking Action
Whether you’re just beginning your journey or revisiting plans, it’s important to consult an attorney familiar with estate planning and LGBTQIA+ issues. Small, proactive steps today can safeguard your future and protect your loved ones in the years to come.
Invest in the power of preparation. Your voice and your choices matter—now and always.
Hannah Botkin-Doty, Esq.
