Recently I was asked to speak at
Baylor Hospital to their CPE resident chaplains regarding pastoral care to LGBT
people. One of the issues that I raised with them, that they were unaware of,
is regarding medical documents. Many people don't realize, including same-sex
couples, the legal documents that they need to have in order.
When an opposite-gender couple gets
married, they automatically receive many benefits, including medical,
financial, etc. If one partner ends up in the hospital, the other just has to
tell the hospital that they are married and that partner gets to make medical
decisions on behalf of their partner. This is not the case for same-gender
couples. If a same-gender couple is legally married in a marriage equality
state, and travel to a non-marriage equality state or live in a non-marriage
equality state, that doesn't recognize their marriage, they have no legal
rights. For example, if a couple is legally married in Minnesota but lives in
or travels to Texas, their marriage is not recognized by the Texas government.
If one of them would end up in the hospital, the other has not legal rights. In
order for the couple to be protected, they need to have certain documents in
order.
Here is a list of all the important
documents that same-gender loving couples need in order to be protected in a
non-marriage equality state:
1) Medical and financial power of
attorney: allows the partner to make medical and financial decisions for
their incapacitated partner. If person dies, the POA is no longer valid.
2) Advance directive: a set of written instructions that a person gives that
specifies what actions should be taken for their health, if they are no longer
able to make decisions because of illness or incapacity.
3) Declaration of Guardian In the Event of Later Incapability: appoints a guardian in the event of any incapacity.
4) Disposition of
Remains: allows a person to appoint someone specific to make decisions
about his/her remains.
5) Will: is a legal declaration by which a person names
one or more persons to manage his or her estate and provides for the distribution of his property at death.
It is important to have all
of these documents in place in case something would happen. I would also
recommend that you carry a copy with you anytime you travel, just in case something
happens. I, for example, keep a copy in my car, my partner's car, and at home.
When we travel, we take them with us. If something would happen, and you don't
have these documents in place, then next of kin would be the one with legal
rights. In most cases, this is a parent and not the partner.
Sadly, many have encountered
situations where they haven’t had these documents in place and they ended up
with no rights. For example, one partner died and there were no documents in
place. The other partner had no rights. Legal decisions were made by the
parents of the deceased and the partner had no say in the funeral plans.
Some of these
documents are available online, while others will need to be completed with an
attorney. I can’t stress it enough; get your documents in place for your
protection.
