Estate Planning for LGBTQ+ Families

Planning for life events is important for all adults, but can be a sensitive topic for LGBTQ+ (Lesbian, Gay, Bisexual, Transgender, Queer, and other people with non-conforming gender identities) people.  Yes, there is marriage equality in California and California is seen as a progressive place that is more respective of diverse family structures. But even in California, LGBTQ+ individuals may encounter discrimination, stigma, alienation, and other challenges to living life.

Give your chosen families the right to decide your care

LGBTQ+ people are especially close to a chosen family for support, instead of their biological families.  However, these important people in your life may not be legally recognized as people authorized to make decisions for you. By default, the law tends to favor heteronormative biological families and we need to take special action to give our chosen family rights to make decisions for our care if we are unable to speak for ourselves.

Even if you have no assets, it is important that you put your wishes in writing. Give the people closest to you the right to make decisions for you if you become seriously ill. Make sure that whatever assets you do have go to your loved ones. Again, we cannot stress how important that these decisions are documented in writing.

At Marsala Law Firm, we know where the gaps are in our current legal system and can work with you to fill in the gaps so your plan works the way you intended.

Dignity for Transgender People

Transgender people may have requests for healthcare choices that may not be part of standard advance healthcare directives. For instance, you can include language where you make clear what pronouns and name should be used for you (even if your name has not been legally changed). Your advance healthcare directive can also explain how you want to be dressed and groomed in a hospital, assisted living facility, or funeral home. An advance healthcare directive that makes your wishes clear can prevent a family member from making a decision for you that is different from what you want.

Why having both parents on the birth certificate may not be enough for LGBTQ+ Parents

While LGBTQ+ parents may both be listed on the birth certificate, that may not be enough to protect your rights as parents if both of you are not genetically related to the children.

We've seen cases where a Court disregarded one parent's right even though they were listed on the birth certificate. Some of the Court's reasons? There was no signed "Acknowledgment of Paternity" signed or adoption order for the non-biological parent. The Court said that the birth certificate wasn't sufficient evidence of the intent that both parents intended to parent the child. Discrimination still persist today against LGBTQ+ parents, and some Courts may still be looking for reasons to invalidate your right to parent your child.

At Marsala Law Firm, we are very aware of the struggle to build your family. From finding the right donor (whether a known donor or anonymous) to fertility treatments to raising your child in a heteronormative world to facing discrimination. We can prepare a Kids Protection Plan - tailored for your family - to ensure your kids are taken care of if something should happen to you. We are familiar with known donor agreements, second parent adoptions, platonic co-parenting agreements, etc. to ensure that your plan will work for you.

What is a Kids Protection Plan?

A Kids Protection Plan® is a set of instructions, legal documents and even an ID card for your wallet, which you need to have if you have kids at home who count on you for their well-being and care.

If you are in an accident, your Kids Protection Plan® will make sure your children are never taken into the custody of Child Protective Services, strangers or the care of anyone you wouldn’t want because the authorities don't have clear instructions from you.  And your Kids Protection Plan® will ensure your children are raised by people you choose, not someone chosen by a Judge who doesn’t know you.

To get started with your Kids Protection Plan®, contact us.

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