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These chosen families are trusted and valued friends who have provided emotional and lgeal support to one another over the years. Without written protections in place, these chosen family members will not be legaal recognized, and could very easily be questioned or contested by a biological family member. You may know people who have had this experience. As a caregiver to a spouse, partner, or friend, it is essential to discuss available legal protections and their limitations with the person for whom you care before that person becomes incapacitated. Time is of the essence.
Incapacity can happen in a heartbeat with a stroke or in a car accident.
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Because many of these documents are state-specific, it is best to work with an attorney in legl state when putting together advance directives and other legal documents. For help finding an LGBT-friendly attorney isssues your area, see the Resources section of this fact sheet. Creating an Estate Plan For his or her own protection and for yours, estate planning is an absolute necessity for the person for whom you provide care. Every LGBT person should have these documents in place, but this is especially true for partnered LGBT people where illness has been identified or if a person is advancing in age and infirmities.
issuds Estate planning documents to have in place include: A Will Zex Will often called a Last Will and Testament is a legal document that allows you to designate who will receive your property when you die, and how and when they will receive it. These undesirable results are easily avoided with a properly written Will. With the advent of the Internet and the availability of Will forms, it is very important that a Will be printed out and properly executed according the laws of the state. A Will is only effective when you die.
It is only about what happens to your property when you die. If an LGBT person has a minor child who has not been adopted by the same-sex partner, it is imperative that he or she execute a Will. Wills are the only form of testamentary document in which a Guardian of Minor Children may be nominated. The nominated guardian will still have to be appointed by court order. But, unlike a Will, a Trust also has incapacity language in it, which may become effective before death. Trusts are also important because they avoid a Probate at death. In California, Probate is a long and costly process. It is a good idea to ask an attorney to compare trusts and Wills to help you decide the most effective document for carrying out your wishes.
Without this documentation, an LGBT partner or friend Same sex legal issues find that it is very difficult, if not impossible, to take care of important legal and financial transactions when a loved one is incapacitated. Again, it is important that these be state specific and properly executed. If there is real property involved, the DPAP should be notarized. Banks are especially reluctant and often resistant to working with anyone but the person named on the account. Once a DPAP has been executed, it is a good idea to take it to the banks where there are assets and have it filed or otherwise recognized. Some banks will have their own forms; examine them carefully before you sign them.
Always request that the DPAP be attached to any bank forms. An Advance Health Care Directive An Advance Health Care Directive in California or a Durable Power of Attorney for Health Care so named in most other states ensures that all healthcare needs and desires are carried out and monitored by a trusted person—the agent or attorney-in-fact named in the document—when the principal can no longer make those decisions or communicate them to healthcare providers. There is also room, on attorney-drafted forms, for burial, funeral, and memorial directions, as well as organ and whole body donation.
These are also state-specific. Again, once downloaded and printed out, the document must be properly executed. They can still make their wishes about end-of-life care known directly to the medical personnel. Keeping Documents Up to Date If the person for whom you care already has some or all of these documents drawn up, make sure they are up to date current with state law, all assets are covered, proper beneficiaries are named, etc. Virginia inin which the Supreme Court of the United States struck down all state bans on inter-racial marriageissued a statement on the 40th anniversary of the ruling in which she expressed her support for same-sex marriage and described it as a civil right akin to inter-racial marriage, stating that "I believe all Americans, no matter their race, no matter their sex, no matter their sexual orientation, should have that same freedom to marry".
Hodges in which the Supreme Court of the United States struck down all state bans on same-sex marriage, stating that "races don't fall in love, genders don't fall in love—people fall in love". The "red equal sign" project started by the Human Rights Campaign was an electronic campaign primarily based on Facebook that encouraged users to change their profile images to a red equal sign to express support for same-sex marriage. Both judges   and the IRS  have ruled that it is either questionable or illegal for campaign contributions to be shielded by anonymity. The White Houseilluminated in rainbow colors, on the evening of the Obergefell ruling, June 26, Barack Obama's views on same-sex marriage varied over the course of his political career and became more consistently supportive of same-sex marriage rights over time.
In the s, he had supported same-sex marriage while campaigning for the Illinois Senate. He opposed a federal constitutional amendment to ban same-sex marriage.
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He still said the legal question belonged to the states. Ultimately, I think the Equal Protection Clause does guarantee same-sex marriage in all fifty states. But, as you know, courts have always been strategic.