Protect your family’s legal rights as marriage equality comes before Supreme Court
Photo: Gerald Farinas.
With a petition before the Supreme Court to overturn Obergefell v. Hodges, LGBTQ families and chosen families should take steps now to secure their legal rights and relationships.
Gathering the following documents can help protect you, your loved ones, and your wishes in the event of illness, incapacity, or death.
The following was shared by More Light Presbyterians.
Last Will and Testament
Specifies how your assets and property will be distributed after your death. Names an executor to manage your estate and, if needed, appoints legal guardians for minor children. A will ensures your wishes are honored and can prevent disputes among surviving family members.
Revocable Living Trust
Lets you manage and distribute your assets during your lifetime and after your death. Can help avoid probate and keep matters private.
Agent for Disposition of Remains
Designates someone to make decisions about your body after death, including funeral services, burial, cremation, or other arrangements. This ensures your wishes are followed and prevents conflict among survivors.
Living Will (Advance directive)
Outlines your preferences for medical care if you cannot communicate them. This may include decisions about life support, resuscitation, and other treatments.
Healthcare Power of Attorney (Proxy directive)
Names someone to make medical decisions for you if you are unable to do so. This person ensures your healthcare choices are respected.
Durable Power of Attorney
Appoints someone to manage your financial and legal affairs if you become incapacitated. Unlike a standard power of attorney, it remains valid if you lose mental capacity.
Beneficiary designations
Review and update beneficiaries on retirement plans, life insurance, and investment accounts. These designations override what is stated in your will.
Parental rights and guardianship
For LGBTQ+ couples where one parent is not biologically related, formal adoption may be necessary to establish legal parentage. Clear guardianship designations are critical, especially if family disputes are possible.
Pet directive
Details how your pets should be cared for if you become incapacitated or die. While not always legally binding, it provides clear guidance to ensure their well-being.
A few suggestions from me
As someone who has helped seniors at risk of incapacitation due to dementia, or younger people worried about living wills in case they can’t make healthcare decisions for themselves (like pulling the plug), I want to add a few other things that More Light Presbyterians didn’t mention:
Don’t make your healthcare power of attorney the same person as your financial power of attorney. One person making all these decisions for you can be abused.
In Illinois, fill out the Uniform Practitioner Order for Life-sustaining Treatment (POLST) form.
It needs to be signed by a doctor or nurse practitioner. Keep it in an inconspicuous place so First Responders can find it.
Some people keep it in a red plastic sleeve attached to their fridge. First Responders are trained to look for it there.
If your state doesn’t have a version of POLST, look for your state’s Do Not Resuscitate (DNR) form.
Do Not Resuscitate (DNR) orders tattooed to your body are not legally binding.
Keep copies of all your documents where they can be identified and found.
When creating a Last Will and Testament, check with an attorney or reputable online service to make sure you’re not missing anything.
Resources for more information:
Protecting Your Visitation & Decision-Making Rights — Human Rights Campaign
