Outline of Legal Issues for Gay and Lesbian Parents
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I. Overview of financial and legal protections
A. Finances/Property
1. Ways of owning property and handling finances
2. Ways to provide for your loved ones in case of death
3. Ways to protect yourself in case of incompetence or disability
B. Medical
1. Choose a person to make medical decisions for you if you cannot
2. Medical insurance
C. Children
1. Providing for support of children during your lifetime and after death
2. Insuring that co-parent or other designated person can make decisions and/or get custody
3. Defacto parent
D. Adoption
1. Rights and obligations
2. Waiver of home study and notice
3. How to and how long
II. Owning property together
A. Real estate
1. Form of ownership
a. Joint tenants with right of survivorship
b. Tenants in common
c. Estate planning considerations
2. Agreements
a. Clarify intent
b. Ownership shares different from title
c. Tax considerations
d. End relationship vs. death
B. Bank accounts (and other tangible property)
1. Joint with right of survivorship
2. In trust for
III. In case of death
A. Wills
1. Choose who gets your property
2. Name guardian and trustee for children
3. Estate planning
4. Charitable gifts
B. Property not controlled by wills
1. Life insurance
2. Pensions and retirement plans
3. Jointly held property with right of survivorship
4. Tax considerations
C. Trusts
1. For tax planning and/or for children
2. Purpose
3. Advantages
4. Not always a good idea
D. Burial instructions
IV. In case of disability
A. Durable power of attorney
1. Effective upon disability
2. Medical decisions
3. Visits in hospital
4. Nominate conservator/guardian
5. Provisions for children
B. Power of attorney can also be effective immediately
1. When travel
2. Business purposes
3. More broad than recognized rights of spouses
V. Relationship contracts
A. Types of agreements
1. Living together agreements
2. Property agreements
3. Co-parenting agreements
4. Agreements with fathers/donors
B. Purposes
1. Clarify intent
2. In case of break-up
3. Binding as to property
4. Enforceability of provisions re: children
C. Designating "non-legal" parent to care for child
1. Medical and other authorizations
2. Power of attorney
3. Guardianship
a. Disability
b. Death
VI. Dispute Resolution
A. Methods
1. Court
2. Arbitration
3. Mediation
4. Therapy
B. Considerations
1. Expense
2. Sensitivity of issues
3. Physical safety and violence |
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