Legal Checklist for LGBT Families

Editor’s note: Although this list is specifically constructed for residents of Florida, it is a good checklist for LGBT residents of any state to consider with regard to legal documents needed to protect your relationship and family. However, not all documents are recognized or enforceable in all states. Please check with your attorney for the best advice in your particular situation.

The law of Florida presumes that, even if you are not married, you are heterosexual. Therefore, it presumes you want all of your property to go to and medical decisions to be made by, in order of preference, your “legally wedded spouse,” children, parents, siblings, but never your same-sex partner. Fortunately, you can make different choices about how you want those matters handled. Following are some of the items which you should strongly consider implementing in order that you and those you love can have some peace of mind.

1. WILL

Even if you do not have much money or own any real estate, a will is a simple way to make your intentions clear for what you want to have happen to your stuff in the event of your death. A will also provides the opportunity to specify whom you wish to be the guardian of any minor children, as well as to name the personal representative of your choice to administer your estate through the probate process.

2. PROPERLY TITLED DEED AND ACCOUNTS

If you want your interest to pass directly to your partner on your death, and avoid probate, the property might be titled Joint Tenants With Rights of Survivorship.

3. DURABLE POWER OF ATTORNEY

This gives your partner the power to do everything short of vote on your behalf. But be careful; ask about getting one of the new “springing” powers if you don’t want it to be effective immediately.

4. DESIGNATION OF HEALTH CARE SURROGATE

This is about access and decision-making in the health-care context. Health care providers love this document because they know to whom they can turn for consent.

5. LIVING WILL

If you should be in a terminal condition, this advance directive states your intention for how you would want to be treated.

6. DESIGNATION OF PRE-NEED GUARDIAN

If a court determines you are unable to handle your medical and financial decisions, a guardian may be appointed for you. Specify who you would want to do this, or the court will likely appoint someone else.

7. DESIGNATION OF PRE-NEED GUARDIAN FOR MINOR CHILD

If you have a minor child, you can designate a guardian to care for him or her in the event of your disability.

8. BENEFICIARY DESIGNATIONS

Beneficiary designations usually control in the event of a conflict with your will. Check your designations on any account or policy that allows for one, including your IRA, life insurance, and 401(k) to make sure they reflect your current intentions.

9. CO-HABITATION AGREEMENT

A married couple that breaks up has a body of law to help them sort things out. The best we can do is enter into a contract for how we will divide up financial and domestic responsibilities while we are together and what should happen if we break up.

10. CO-PARENTING AGREEMENT

If you are raising a child or children, one if you is probably not the legal parent. Having a simple agreement in place stating your intentions can save you from a whole lot of heartache, whether from each other or the outside world, down the line. Also ask about granting the non-biological or non-adoptive parent rights to consent to medical treatment.

Of course, this is not a substitute for individual legal advice, but you should start thinking about the protections you need to have in place. This topic can get quite complicated depending on your circumstances, so it’s best to consult legal counsel knowledgeable about federal and Florida law on estate planning and advanced directives. Please do not wait for tragedy to befall before you handle these matters.

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