Partners in Civil Unions and Marriages Still Need Planning--Part I of VIII

While there seems to be a see-saw of civil rights across the nation between state constitutional amendments banning gay marriage and state legislatures and courts approving marriage and civil unions, practical life and estate planning issues are being lost in the shuffle. Like the proverbial dog chasing the car down the street, what happens when the car is actually caught?

Right now, committed gay and lesbian couples in most states have to work with an attorney to create their life and estate plans. If they want their partner to make financial decisions for them, then they need a financial power of attorney. If they want their partner to handle healthcare decisions for them, then they need to execute a healthcare power of attorney. If they want their partner to inherit everything if they pass on, then they need to draft a revocable living trust and set up their accounts appropriately.

It is a common misconception in the GLBT community that “if we were only allowed to marry then we wouldn’t need to make any of these plans.” The fact is that married couples also have a need to plan because the law does not even fully protect a spouse.

Let’s play a little “what if.” What if gay and lesbian couples were allowed to marry in North Carolina? What if Jane Doe and Janet Roe got married, had a son named John Doe, and then Jane became too ill to handle her own financial affairs? What if Jane passed on? What would happen to her spouse Janet? What would happen to their son John? What happens if Janet is unable to handle things for Jane (whether deceased or ill)? We’ll go through some scenarios under North Carolina state law to show just how much, or little, spouses have in terms of protection.