Even though same sex marriage is now legal, the need for Estate Planning is critical for members of the LGBT community. If a member of the Florida LGBT community fails to properly plan, the result can be devastating to his or her partner. Having no comprehensive written estate plan is tantamount to giving up control over one's estate and management of one's well-being and property in the event of disability or illness. Without a proper written plan, the other partner could be prevented from having any role in the decision-making of his or her partner's care or financial or legal affairs, or even having access to their incapacitated partner.
A Florida LGBT couple can avoid numerous problems through their estate planning, including:
- A Durable Power of Attorney or Living Revocable Trust can establish the client's spouse or domestic partner as the Trustee of the disabled partner's financial affairs if the client becomes incapacitated either through illness or accident. Florida Living Trusts also guarantees privacy of affairs through the avoidance of probate for assets owned by the trust.
- A Florida Designation of Health Care Surrogate (known as a Health Care Power of Attorney in other States) can delegate medical decision-making to the disabled client's spouse or partner during the client's period of incapacity.
- A proper Florida Will or Living Revocable Trust ensures the client's assets are distributed to the person(s) they choose, rather than the default provisions of Florida law.
My Pink Lawyer® does not discriminate and welcomes members of the LGBT community to ensure their Florida Estate Plan meets their desires and goals during an incapacity or after death.