ISN'T IT LEGAL FOR SAME-SEX MARRIAGE? Why do I need anything else if my partner and I got married?
Great question. One that many couples are beginning to ask themselves when it comes to safeguarding their lives with regard to property, insurance, access to their spouse's hospital rooms, and other protections that some heterosexual couples take for granted as given 'rights'.
Since the Donald Trump election win: the tirelessly fought, and won protections gained by the LGBTQ community recently may continue to be at risk.
Many of Trump's appointed members of the cabinet, and other top government posts, support religious freedom laws and opposed same-sex marriage, creating a wave of anxiety within the LGBTQ community. Are civil rights hanging in the balance for those whom identify within LGBTQ?
Proper planning for you and your spouse means protecting oneself from the gaps in our government. Some couples have sought out estate planning in addition to legally marrying their better half. Unfortunately, most couples wait until the moment of need to pursue legal assistance with regard to rights in the situation when "something" happens to one of the people within the couple. A great probate lawyer will be able to provide one of the following services:
- A Living Trust: Imagine that your partner is incapacitated and their family is challenging your decisions regarding your partner's finances. You can establish your domestic partner as trustee. Establishing a living trust would legally make one another "directors" of property, insurance, and other affairs - in the event of one of you becoming legally incapable of making decisions. The approach would be to draw up a trust for each person in the couple establishing the other as Trustees.Most individuals prefer this method in order to preserve privacy - as having a Living Trust prevents having to go through probate. Confidentiality is guaranteed for any client concerned about their privacy.
- A Health Care Power of Attorney: Imagine that your partner is incapacitated and the hospital does not allow you to make decisions for their health- much less visitation rights. Health Care Power of Attorney has many reasons for being drawn up for families. However, in the case of LGBTQ community one may consider this a dire need for protection. The federal privacy regulation, HIPAA requires astringent rules regarding sharing of private patient information. Mostly, only 'next of kin' are allowed access to the patient information and the patient themselves. Health Care Power of Attorney establishes your partner as your health care director. This means that your partner will be able to make decisions regarding your health and will have uncontested access to you during the period of time that they are unable to consciously make the request <incapacitated>.
- Will Preparation: Imagine that your partner of 20 years passes away and the home you've shared is contested by their children, nieces, or other next of kin. A Will is the kind of document you need to ensure that your voice is still heard after your passing. A Will ensures the fair distribution of your assets in the way that you wish for them to be distributed - without being contested. We have many capable attorneys in our borderland region happy to help you with this part of your planning.
- Guardianship Appointment: Imagine that your partner is incapacitated and their family is challenging your decisions regarding your children. In fact, they are asking the court for custody of the family you've created. Many couples have faced the unfortunate and horrible experience of losing their partner. Furthermore, for the LGBTQ community there are so many more issues plaguing the corners of a life they've worked so hard to create and protect. Establishing and appointing a Guardianship would ensure that you and your partner's children will remain under either of your care should "something" take place to one of you. Appointing Guardianship will ensure that any surviving minor children are raised by the designated person.
There are multiple law offices in our region (consisting of El Paso, Las Cruces, Fabens, Juarez, Horizon). It is important to work with a lawyer that understands your needs and respects the wishes of you and your family. Sometimes it can be daunting to approach protection for one's family under the law especially if one adheres to a less popular political set of beliefs or lifestyle. It is our intention to continue to list attorneys acting with integrity, honesty and taking clients. Listed below is a set of lawyers that have been "doing the right thing" before the trend of supporting gay rights became a "thing".
You'll recognize that Alex Neill, President of is in our communities and began his career fighting for the rights of migrant workers. State representative Joe Moody has been a longtime advocate for El Paso's citizens. He continues to serve publicly and privately. Enclosed is our top list of service providers in the area.
501 Executive Center, Suite 200
El Paso, TX 79902
El Paso, TX 79902
To make an appointment for consultation with one of their attorneys, please call our offices. We are open for business Monday through Friday from 8:00 a.m. to 5:00 p.m.
2. Steve Ortega
Address: 521 Texas Ave, El Paso, TX 79901
