A hot legal topic these days is whether same-sex couples should have the right to marry. It seems each new day brings another court case, legislative action or a vote of the people on this issue. Rights, the "straight" couples take for granted - the right to the inheritance of property of one spouse, the right to medical decisions for relatives who can not afford, ability, financial affairs, if one partner is unable to handle - are in flux for gay couples . Some states have wholeheartedlyendorsed gay marriage, whether through legislation or judicial decision, while others have banned gay marriage through legislation or vote in a referendum. In the states who get married do not allow same-sex couples, there is a hodgepodge of laws may, therefore the recognition of same-sex "caregivers" in some areas but not others, and even in the negative premises, there are laws, can use the same-sex couples to protect themselves and their families.
In my humble legal advice ifWe are interpreting the U.S. Constitution, honestly, the government ( "state action") can not be denied basic civil liberties (eg) the right to marry to a "suspect class" (Constitutional terminology for a class of people who historically have been discriminated against,) which includes women, minorities, the disabled and many other groups. On the other hand, religious institutions, to which the Constitution are not applicable, can do what they want and refuse to marry same-sex couples.But the government simply does not discriminate.
I have high hopes that it will be legal for gay couples bottom are resolved in the near future, and that gay couples the same rights - and obligations - that heterosexual couples have always maintained. (And the world will not come to an end as a result, as some argue, theatricality.) However, until this is resolved once and evenly, it is essential that same-sex couples to take precautions to ensure that they and theirLoved ones protected in case of disasters. In my law practice, I have cases where the survivor of a gay couple was pushed aside, came as a family and took the assets of the deceased to be seen - because who did not die of a will. I have episodes where one partner is not in medicine that could see the decision of the sick partner's decision-making, because there is no health care proxy or medical power of attorney. And I've seen that guardianship proceedings conductedin the vicious circle in the fighting between the family of the disabled and the long-term lover over who is best suited to make decisions.
Not only is it important to protect against undue scenarios to protect itself and its partners is even more important now that the laws relating to same-sex couples in transition. What is the effect of marriage, a gay couple, if they live or move to another state? What is the effect of registration on a domestic partnership?Which states have the rights and protection? What happens if you get divorced? And what happens when children are involved there?
Quite simply, same-sex couples can these problems be avoided by advance planning with the right specialist. A properly prepared and will be conducted to determine heirs according to the court speaks, including how children should be treated. Properly executed wills - powers of attorney, healthcare proxies, living wills and medical powers of attorney --to avoid the chaotic scenarios described above. This should be legal documents - that are part of the estate of each plan - one needs a lawyer who practices in this field of law, someone who can ensure your wishes are carried out, particularly as these to be ready to field of law remains in motion.
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