Many people believe estate planning only governs what happens when you die. However, the field also covers many issues that can arise when you are alive which are critical to same-sex couples. Comprehensive estate plans detail:

• Power of attorney to pay bills, handle finances and property, and make decisions on non-healthcare issues

• Advance directives that appoint someone to make decisions related to your healthcare if you become unable to do so

• Designating a guardian for any minor children you have

• Distributing assets so they avoid intestacy – which in Maryland does not recognize a partner in a same-sex unmarried couple’s right to inherit their partner’s property

Creating an estate plan gives the person of your choosing powers you designate and allows you to ensure your wishes are carried out if you are unable to make decisions or pass away. Many times, family members of one partner who may be opposed to LGBTQIA+ relationships will try to step in, make decisions for their family member – many of which are detrimental to the partner, and ultimately exclude that person’s partner from decision-making and other benefits they would have had if their partner made their wishes legally binding. Without a comprehensive estate plan in place, they often cannot do so.

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