Contributors
Joseph Hahn
Executive Director, Wealth Planning & Advice
LGBTQ+ family structures and support networks can be quite different than their heterosexual counterparts, and laws do not always recognize these less traditional types of relationships.
For a majority of seniors in the United States, adult children, spouses and partners are the primary sources of care and support later in life. But for many LGBTQ+ seniors, these relationships may not be present.
To address these support gaps, many LGBTQ+ individuals rely much more upon their “family of choice,” a dynamic and constantly evolving collection of close friends and supportive family members.1 These unofficial family members form families just as close, just as loving, just as supportive as any biological family. Members of the “family of choice” are frequently playing caregiving roles in each other’s lives. Nevertheless, no law recognizes the concept of “family of choice,” and that can create complications if the need for caregivers becomes critical, unless the senior takes some formal steps with assistance of legal counsel and trusted advisors to grant legal recognition to these relationships.
Recommended actions:
- Communicate openly with “family of choice” members about these concerns. Convene a “family meeting” to discuss.
- Implement available legal solutions that can create legal authority for “family of choice” members to act on behalf of the senior, such as financial and health care powers of attorney.
- Create a “family of choice tree” that shows the “family of choice” members who have been granted health care, financial, and other powers and provide the family tree to health care and financial professionals.
- Execute HIPAA (Health Insurance Portability and Accountability Act of 1996) waivers so that health care providers can legally communicate with “family of choice” members.
- Name “family of choice” members as “trusted contacts” to whom financial institutions can report questionable activity.
To avoid negative or unexpected outcomes, it is especially important for LGBTQ+ seniors to explore these issues and work with their estate planning attorney and trusted advisors to put plans in place well in advance of caregiving needs arising. With some relatively simple steps, these risks can be addressed and the “family of choice” members can be empowered to offer effective support for the senior if the need ever arises.
References
National Library of Medicine, “Families of Choice and Community Connectedness: A Brief Guide to the Social Strengths of LGBTQ Older Adults.” (February 2020)
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