Wednesday, September 10, 2008

Crash Course: Estate Planning for the LGBT Community

This week’s Crash Course lesson is on estate planning - something that most people think about, but are somestimes slow to take care of doing. Why worry with estate planning at all?

· Under current law in Kentucky, you and your partner have no legally-recognized relationship.

· You have no legal right to information should your partner become hurt or disabled.

· You have no legal right to make medical decisions should your partner become unable to do so.

· You have no legal right to inherit from your partner at his/her death.

· If you do not make certain decisions, a court will appoint someone to make decisions on your behalf. That person may not know or follow your decisions.

Now that you know why it’s so important to the GLBT community, what estate planning do you need to do?

· Power of Attorney - allows someone to make non-medical decisions and/or handle your affairs should you become disabled.

· Authorization to obtain medical information - allows someone to obtain medical information about you at any time because Federal law prohibits medical providers from releasing medical information without your written consent.

· Living Will/Health Care Surrogate - allows someone to make medical decisions should you become unable to do so. You get to decide what “end-of-life” decisions you want. You get to decide how those decisions are followed.

· Last Will & Testament - declares how you want your property to be distributed at your death. You can make it known if you want to be cremated. You can provide for someone to care for your minor or disabled children (assuming another natural or adoptive parent doesn’t already have that right.)

HOMEWORK: More and more of us in the LGBT community are taking estate planning seriously and proactively making future plans rather than just thinking about them. Do you have a story to tell about this or would like to recommend a LGBT friendly attorney? Please, feel free to share.

That’s it for this week. We’ll see you next week when we discuss adoption and parenting.

In fairness,
Your KFA Team.

4 comments:

Anonymous said...

My partner and I have used Micki McDaniel as an attorney to do our estate planning.

Her contact info:

859-238-0800

470 Quirks Run Road
Danville Ky. 40422

mwmcdaniel@mikrotec.com

PasDeGuerre said...

I'd like a recommendation for a pro-fairness attorney in the Northern Kentucky (i.e. near Cincinnati) area. Anybody have a name to suggest?

Anonymous said...

We highly recommend Gordon Wright who advised and prepared all of these documents for us. (Louisville @ Wyatt, Tarrant & Combs, 502-562-7226).

Anonymous said...

If you live in the Bardstown/ Nelson County area, we recommend Tom Donan. He is not "family" but is very LGBT-friendly. His contact information is:

502-348-7041
205 E. Stephen Foster Ave.
Bardstown, KY 40004


In addition, if you need an attorney for minor criminal cases, such as DUIs, we recommend Paula Pace. She is "family and her contact information is:

502-348-6476
114 N. 5th St.
Bardstown, KY 40004