Estate Planning for Gay and Lesbian Couples in Florida

On behalf of Kitroser Lewis & Mighdoll posted in Long Term Care Planning on Thursday, December 11, 2014.

Gay couples have specific and important estate planning and long-term planning needs in the state of Florida. At this time, our state does not recognize the legality of gay marriages; therefore, gay couples may want to make some specialized legal plans in order to ensure their wishes are carried out in the event they are physically and/or mentally incapacitated.

As it stands, a gay person could be torn away from his or her spouse in Florida if he or she becomes mentally or physically incapacitated and the non-spouse family members decide their relative is better off in a nursing home. Family members would also have the authority to override any other decision the gay person’s spouse tries to make on his or her behalf.

At Kitroser Lewis & Mighdoll, we want to help you and your spouse plan for this kind of event, so that you can have the same kinds of protections that heterosexual spouses receive. This can be achieved, but it requires careful planning by an attorney who is intimately familiar with the unique legal needs of gay and lesbian couples.

Some of the documents that gay couples will want to have include Health Insurance Portability and Accountability Act Waivers, Powers of Attorney and Health Care Proxies. Through the appropriate creation of these documents, gay couples can legally create the same rights and privileges afforded to heterosexuals in their marriages. At Kitroser Lewis & Mighdoll, not only will we help you create these important and necessary documents, but we will also advocate on your behalf in the event that their legal authority and your legal rights are ever challenged.