lifestyle
GLBT Legal Advice
Protecting and Taking Pride in our investments
Published Thursday, 15-Jul-2010 in issue 1177
Can how we protect our investments, hold title to our homes and plan for unexpected medical events demonstrate pride? I believe so. Here are some simple steps that can be taken to protect yourself and your loved ones from the expected and the unexpected.
Wealth preservation, estate planning and healthcare planning can be an incredibly daunting and frustrating endeavor, especially for same-sex couples. Registered domestic partners and same-sex married couples often require more planning and must fight discriminatory laws and attitudes. In many cases the law does not recognize RDPs or legally married same-sex couples.
To avoid vesting the courts, conservators or long lost family members with the ability to make financial and medical decisions and inherit your hard earned property you should create an estate plan. A properly constructed estate plan, at least one that you can take pride in, should have some or all of the following documents: living trust, pour-over will, financial power of attorney, advance healthcare directive, HIPAA authorization, assignment of assets, certification of trust and property ownership agreement or domestic partnership agreement.
Create a living trust. One common concern for same-sex couples is avoiding the courts when one partner dies. When someone dies with just a will or without a living trust, estates with a gross value of over $100,000 must go through a court supervised process called “probate.” Probate is time consuming, expensive and, most importantly, public. Probate requires that all potential heirs be notified and given a chance to contest the will.
That is why I suggest the establishment of living trust to avoid the obvious disadvantages of probate. In California, absent court intervention, trusts remain 100 percent private. Plus, challenging a trust is more difficult than challenging a will or contesting a probate proceeding. Currently, a living trust is the best way to avoid probate and ensure that your wishes are carried out.
Create a domestic partnership agreement. This document can be as detailed as you want it to be. Generally, the agreement spells out how a couple should handle the assets each person brought into the relationship and assets that are acquired afterwards. It even may spell out how household expenses will be paid. A well crafted domestic partnership agreement can also address joint ownership of real estate, which is often a thorny issue for married and unmarried couples alike.
Create a financial power of attorney (POA). A financial POA allows the person you designate to manage your investments (e.g., real estate, bank accounts, retirement accounts, etc.). If you have no qualms about granting someone a very broad range of powers immediately, you can, through the use of a general POA. Or you may want to limit the scope of power through a “limited” or “special” POA. A “springing” POA typically allows the designated person to “spring” into action only upon incapacity and may be a good solution if you are uneasy about giving someone that much power while it is unnecessary. If you decide to utilize a springing POA, care should be taken to be clear about what circumstances will activate the document.
Create an advance healthcare directive. If you become incapacitated and cannot make decisions for yourself, your partner (or anyone else you might choose for that matter) will not automatically have a say in your medical decisions. This means that without some prudent planning, your family members will typically have a greater right to make healthcare decisions than your partner or close friends, even if you have not had any contact with your relatives in many years. An advance healthcare directive is designed to allow you to choose those individuals you want to have the authority to make healthcare decisions in the event you cannot make them for yourself.
So, take pride in all you have accomplished and the assets you have accumulated. Take pride in protecting yourself and your loved ones. As always, pride begins with you.
E-mail

Send the story “GLBT Legal Advice”

Recipient's e-mail: 
Your e-mail: 
Additional note: 
(optional) 
E-mail Story     Print Print Story     Share Bookmark & Share Story
Classifieds Place a Classified Ad Business Directory Real Estate
Contact Advertise About GLT