ISN'T IT LEGAL FOR SAME-SEX MARRIAGE? Why do I need anything else if my partner and I got married?
- 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.
El Paso, TX 79902
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