At McFadden Bushnell, we believe that every individual deserves peace of mind when planning for the future. For members of the LGBTQ+ community, estate planning is not only essential—it’s empowering.
While many legal protections for LGBTQ+ individuals have advanced in recent years, gaps still exist that can leave your partner, family, or identity vulnerable without a clear estate plan in place. Whether you're married or in a long-term partnership, have children, or simply want to ensure your chosen family is honored, comprehensive estate planning can protect your wishes and avoid unnecessary legal complications.
Why LGBTQ+ Individuals Need Customized Estate Planning
Even with nationwide marriage equality, LGBTQ+ individuals and families often face unique challenges that make tailored estate planning critical. These may include:
Non-traditional family structures or unmarried partners
Estranged or unsupportive biological family members
Lack of legal recognition for chosen family or co-parents
Gender identity documentation inconsistencies
Without a formal plan in place, the default statutory laws may determine how your assets are distributed and who is authorized to make decisions on your behalf—potentially contradicting your wishes.
Key Estate Planning Documents to Consider
At McFadden Bushnell, we guide our LGBTQ+ clients through the following core documents:
1. Wills
A Will outlines how your assets will be distributed and allows you to name a trusted executor and legal guardians for your minor children.
2. Revocable Living Trust
A trust is a private document, which helps avoid probate and provides for your loved ones in a way that reflects your unique family structure. This can be especially important for unmarried partners or blended families.
3. Durable Power of Attorney
This power of attorney authorizes someone you trust to manage your financial affairs if you become incapacitated. Without it, courts may appoint someone without your consent.
4. Healthcare Power of Attorney, HIPAA Authorization & Hospital Visitation Form
A Healthcare Power of Attorney ensures your partner or designated person can make medical decisions and access your health records when needed. The HIPAA Authorization allows you to name individuals who you authorize to have access to status updates regarding your health who otherwise may not be able to access this information. A Hospital Visitation Form allows you to designate who should be allowed to visit you if you are hospitalized.
5. Living Will
Specify your wishes for end-of-life care, including life support preferences, to avoid potential conflicts and ensure your autonomy is respected.
Special Considerations for LGBTQ+ Families
Unmarried Partners & Chosen Family
Legal systems may default to biological relatives if you haven’t specified otherwise. Clearly naming beneficiaries and decision-makers in your documents is the only way to protect your chosen family.
Parenting and Guardianship
If you’re co-parenting, estate planning can help you designate custody or guardianship preferences.
Gender Identity and Legal Consistency
Individuals should ensure all estate documents match their current legal name and gender marker. Our team assists in updating identification and ensuring all records are consistent to avoid confusion or legal obstacles.
Work With Attorneys Who Understand Your Needs
At McFadden Bushnell, we are proud to provide affirming, confidential, and comprehensive estate planning services for LGBTQ+ individuals, couples, and families. We understand the nuances of your unique legal needs and are committed to helping you safeguard your legacy with dignity and respect.
Whether you're just beginning the estate planning process or need to update existing documents, our office is here to help. Contact us today to schedule a consultation.