Los Angeles Caregiver Resource Center 3715 McClintock Avenue Los Angeles, CA 90089-0191 www.usc.edu/lacrc Email: lacrc@usc.edu Fact Sheet: Legal Issues for LGBT Caregivers Since most states do not recognize LGBT committed relationships, referred to here as same-sex relationships or domestic partnerships, LGBT couples need to complete certain legal documents prior to incapacity. Some members of the LGBT community rely on their "family of choice," a group of trusted and valued friends who provide care and support during an illness. However, without legal protections in place, these relationships might not be legally recognized, and could easily be questioned or contested by a biological family member. It is imperative that LGBT caregivers and care recipients understand relevant local, state and federal laws and act to secure legal protections. Q: What is the status of Domestic Partnerships? A few states (including California, Connecticut, Rhode Island and Hawaii) have enacted laws granting limited legal rights to same-sex couples. Vermont passed a civil union law in 2000 that gives same-sex couples the same rights given to legally married spouses under Vermont law. These issues and other related issues are of major importance to LGBT caregivers. It is vitally important that LGBT persons in domestic partnerships seek out and complete legal documents, which afford them comparable, if still not equal, rights. Partners who have domestic partnership should obtain legal advice in their state of residence regarding these issues. | |
|