Your Voice, Your Choice: Why Advanced Directives Matter for LGBTQ+ Individuals

In life, we can make plans for many things: the weekend, our careers, vacations, and retirement. But one crucial aspect often gets overlooked—planning for the unexpected. This includes having advanced directives, such as health care proxies and powers of attorney, in place. For LGBTQ+ individuals, having these two documents isn't just good planning, it's an essential step in protecting your rights and ensuring your wishes are honored.

Why the Urgency?

Historically, the LGBTQ+ community has faced unique challenges when it comes to legal recognition and family structures. While progress has been made, outdated assumptions and biases still create obstacles for our community. Without clear legal documents, your chosen family is often excluded from critical decisions concerning your health and well-being.

Imagine this: You're in the hospital, unable to communicate. Who will speak for you? Who will make medical decisions on your behalf? Who will pay your bills? Without advanced directives, it might not be the person you trust most. It could be a distant relative who doesn't understand your life or respect your values.

The Power of Paperwork

Advanced directives give you control. They allow you to designate who will make decisions for you, if you can't do so yourself, and what those decisions should be. Here are the two key documents to consider:

• Health Care Proxy: This document appoints someone you trust (your health care agent) to make medical decisions for you in the event you cannot make them yourself. It allows you to designate a trusted individual to ensure that your wishes are respected, particularly regarding critical decisions such as life-sustaining treatments, surgeries, or end-of-life care. By appointing a healthcare proxy, you avoid potential conflicts among family members who may have differing opinions about your medical care. 

• Power of Attorney: This document allows you to appoint someone to manage your  finances and property during your lifetime if you become unable to do so yourself. This trusted individual can pay your bills, manage your property, file your taxes, or oversee your investments. By appointing someone you trust as your agent, you ensure that your affairs are managed according to your wishes without the need for court intervention, saving time, reducing costs, and preventing family disputes. Your agent can also create, amend, or revoke any trusts on your behalf, which is very useful for Medicaid planning purposes. 

More Than Just Legalities

These documents are about more than just boxes to check off your legal “to do” list. They're about:

• Affirming Your Relationships: Advanced directives allow you to legally recognize your chosen family and ensure they have the same rights and recognition as traditional family members.

• Ensuring Your Voice Is Heard: You get to decide what kind of medical care you want, and who will make those decisions. This is especially important for LGBTQ+ individuals who may have specific concerns or preferences.

• Providing Peace of Mind: Knowing that your affairs are in order and your wishes are documented can bring immense peace of mind, both for you and your loved ones.

Taking Action

Here are a few steps you can take:

1. Talk to a Lawyer: An attorney specializing in estate planning can help you create the necessary documents and ensure they comply with your state's laws.

2. Have Open Conversations: Consider discussing your wishes with your chosen family and friends. You can make sure they understand your decisions and are willing to act as your agents

3. Keep Documents Updated: Life changes. Review your advanced directives periodically and update them as needed to reflect your current wishes and circumstances.

Your life, your relationships, your choices—they all matter. Advanced directives are a powerful way to protect them and ensure your voice is heard, no matter what the future holds.