Same-sex couples cannot marry legally in Pennsylvania, but some of the rights, privileges, and responsibilities that heterosexual couples get automatically through marriage can be obtained by obtaining various legal documents. A competent individual can name their same-sex partner as a person legally authorized to act on their behalf if they become incapacitated in the future. The following documents will ensure that that your wishes – and those of your same-sex partner – will be respected and legally valid in the event of incapacitation or death. These legal documents are especially important to gay and lesbian couples, who are denied the right of automatic succession of property. In the event that one partner predeceases the other and leaves no will, the relatives of the deceased will likely inherit the property and the surviving partner may be left with nothing. Same-sex couples 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 or 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.
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