Advance Planning

Because they are unable to marry, LGBT senior couples living in Pennsylvania are denied many of the rights that straight marriedcouples are guaranteed. Married couples automatically have the right to make medical and financial decisions for their spouses in the event that they become incapacitated. Same-sex couples do not and may be prevented from visiting their partners in the hospital.  Because they cannot marry, LGBT seniors are also denied the right of automatic succession of property. If you die without a will, your relatives will inherit any property not jointly owned by you and your partner, such as your home or car. Your partner can be left with nothing. It is crucial for older members of the LGBT community to be proactive in securing their rights and financial positions. Seniors can protect themselves from much of this unequal treatment by obtaining the following documents:

Durable Power of Attorney for Financial Management would allow a named same-sex partner to pay bills, sell property, trade stocks, pay taxes, sign checks, or take any other specific financial action named in the document, if their partner became unable to manage their own financial affairs.

Durable Power of Attorney for Health Care would allow a named same-sex partner to make medical care decisions about medical procedures and surgeries, to authorize admission to medical facilities, to employ medical personnel, to complete forms, and to take other necessary actions named in the document

Advance Directive or a Living Will would allow a named same-sex partner to carry out the wishes of their same-sex partner regarding the refusal of life sustaining treatment and would allow the named partner to terminate life support in case of permanent unconsciousness, irreversible coma, or persistent vegetative state.

Last Will and Testament would allow a same-sex partner to provide inheritance rights to their partner. This permits a partner to pass on property, such as a home, car, or furniture, to their partner. A parent also can name their same-sex partner as guardian for their minor children, in the event of the parent’s death. 

 

 
 
 
 
1211 Chestnut Street, Suite 605 : : : Philadelphia, PA 19107 : : : ph. 215.731.1447 : : : toll free 866.LGBTLAW : : : fax 215.731.1544 : : : info@equalitypa.org
 
 
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