 | ||||
© 2015 The Gormly Law Firm, PLLC.
Under the rules of certain jurisdictions, this communication may constitute 'Attorney Advertising.'
...................................................................................................................................................................................................................
The Risks of Failing to Properly Plan and Act
by Eric Gormly
Members of the gay, lesbian, bisexual and transgender community face the same legal problems that everyone else in society faces. They also face an additional set of legal and social challenges -- issues particular to them involving individual, relationship and parental rights -- that those outside of the GLBT community may never even have to consider, let alone confront. The risks failing to properly plan and act can have an significant detrimental effect on your life and the life of your partner. Some of these decisions include:
- You might have no standing to make medical (or any other) decisions for your partner if he or she is incapacitated or otherwise unable to make his/her own decisions.
- Your partner might be left with little or nothing if you die before he/she does -- state intestacy laws dictate what happens to property in your name, or to shared property presumed to be yours if he/she lacks legal title.
- You might be left with little or nothing from the business you and your partner built together if the business documents are improperly drafted, and he/she dies before you or is incapacitated.
- You might have to fight an uphill battle for custody or guardianship of your partner's biological child -- whom the two of you have raised -- if your partner is incapacitated to the point he/she can no longer care for the child or if your partner dies.
- You might have to fight an uphill battle for shared custody or visitation of your partner's biological child -- whom the two of you have raised -- if your relationship ends.
- You might risk losing substantial amounts of property or funds that are rightfully yours if your relationship ends.
- You might lose everything you and your partner have worked for if you become seriously ill, require long-term care, and lack long-term care insurance -- the law may require that you impoverish yourself before Medicaid begins to cover expenses.
These make up just a sample of the problems -- there are many more.
At The Gormly Law Firm, we have made it a significant part of our mission to provide the solutions.
Do not risk your rights and protections by failing to act. Call us today to put a plan in place.
