{"id":354800,"date":"2025-03-05T16:22:09","date_gmt":"2025-03-05T21:22:09","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/lgbtq-law\/important-legal-documents-for-lgbtq-couples.html"},"modified":"2026-05-21T16:27:00","modified_gmt":"2026-05-21T21:27:00","slug":"important-legal-documents-for-lgbtq-couples","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/lgbtq-law\/important-legal-documents-for-lgbtq-couples.html","title":{"rendered":"Important Legal Documents for LGBTQ+ Couples"},"content":{"rendered":"\n
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Important Legal Documents for LGBTQ+ Couples<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

For LGBTQ+ couples, securing legal rights and protections involves several essential documents, especially in uncertain legal climates. Key documents include financial and estate planning tools like joint tenancy deeds, beneficiary designations on accounts, and power of attorney (POA) forms. Healthcare directives and living wills specify wishes for medical treatment and end-of-life care, reinforcing the partner’s role in decision-making. <\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Same-sex married couples and LGBTQ+ people are justly concerned that the current trend of state laws and federal edicts may affect their marriage or their families. In an uncertain legal and economic climate, families want to know how to protect their legal rights. And ensure their loved ones have the same protection when they are gone.<\/p>\n

There are several steps you can take to protect yourself, your partner, and your children. You can complete some of these legal documents yourself using online templates. Others may require input from attorneys or other legal professionals. The laws vary by state, so contact a local attorney<\/a> with any questions or concerns about your specific legal matter.<\/p>\n

LGBTQ Marriage Rights<\/b><\/h2>\n

The U.S. Supreme Court’s decision in Obergefell v. Hodges<\/i><\/a> <\/i>(2015) held that marriage is a fundamental right that extends to same-sex partners as well as heterosexual couples. The decision also held that laws banning same-sex marriages were unconstitutional.<\/p>\n

It is unclear what would happen to existing same-sex marriages if the Supreme Court overturned Obergefell<\/i>. Currently, 25 states have<\/a> same-sex marriage bans still on the books. Overturning Obergefell<\/i> could reactivate many of these laws.<\/p>\n

\u201cUndoing\u201d a legal marriage is not as simple as passing a federal law since state laws regulate marriage. Federal law could limit access to Social Security, Medicare benefits, and some tax rights.<\/p>\n

Now is the time to begin planning for the future before more changes occur.<\/p>\n

Power of Attorney Documents<\/b><\/h2>\n

A power of attorney<\/a> (POA) is a legal document that grants someone (the \u201cagent\u201d) to act on your (the \u201cprincipal\u2019s\u201d )behalf. A POA gives the agent all the authority described in the document.<\/p>\n

The principal may give the agent broad powers to act on their behalf or narrowly restrict their ability to act. A POA can let LGBTQ couples act for one another legally in the event that the law invalidates their marriage or domestic partnership<\/a>.<\/p>\n

Types of POAs:<\/b><\/p>\n