Estate Planning
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As we join with our friends and loved ones this June to celebrate Pride Month, we also recognize that those in the LGBTG+ community may have special needs when it comes to estate and long-term care planning. With that in mind, we have prepared this whitepaper to help everyone better understand their options when it comes to this personal and critical aspect of planning. We hope you find this helpful. If we can be of any further assistance, please do not hesitate to contact our office.

Understand Your Needs and Preferences

  • Personal Identity: Make sure your caregivers respect your gender identity and sexual orientation.
  • Desired Environment: Consider whether you might prefer an LGBTQ-friendly community, or an inclusive long-term care facility when looking to move to an independent or assisted living environment, or if you are aging at home with support.

Research Inclusive Care Providers

Find LGBTQ-Affirming Facilities:

  • Ask about staff training on LGBTQ issues.
  • Check for non-discrimination policies.
  • Visit and assess whether the environment feels inclusive.
  • Look for Accreditation or Affiliations:
    • Some facilities are listed by organizations like SAGE or the Human Rights Campaign Long-Term Care Equality Index (LEI).

Legal and Financial Planning

  • Estate Planning:
    • Wills, trusts, and powers of attorney should be up to date.
    • Ensure a trusted person is designated for healthcare and financial decisions.
    • Make sure the people you want are involved in the decision-making around your health and your finances; don’t leave it up to the probate court.
  • Advanced Directives:
    • Include detailed healthcare wishes, particularly about gender-affirming care if relevant.
  • Marriage/Partnership Rights:
    • Legal recognition can impact benefits, hospital visitation, and inheritance.

Healthcare Considerations

  • LGBTQ-Aware Providers: Choose doctors who understand your unique needs (e.g., hormone therapy, HIV care, mental health). Make sure your decision-makers know who those professionals will be.
  • Maintain Medical Records: Keep documentation of your medical history and preferences.
  • Mental Health: Older LGBTQ adults may face increased isolation, depression, or trauma from past discrimination—have support systems in place.

Housing and Living Arrangements

  • Aging in Place: Explore home modifications and in-home care options.
  • LGBTQ-Friendly Housing: Seek communities known for inclusion or that are LGBTQ-specific.
  • Co-Housing Models: Consider shared housing with friends or chosen family members.

Build a Support Network

  • Chosen Family: Define who you trust to support you emotionally, legally, and medically.
  • Community Resources: Engage with LGBTQ senior centers, advocacy groups (like SAGE or AARP), and legal aid.

Resources

  • SAGE USA: https://www.sageusa.org
  • Lambda Legal: Help with legal protections and discrimination cases.
  • Human Rights Campaign (HRC): Information on inclusive healthcare and facilities.

LGBTQ+ Resources in Massachusetts

Here are some organizations and programs in Massachusetts that offer support to LGBTQ+ seniors:

Marsden Law P.C.

847 Washington Street

Holliston, MA 01746

And 100 Independence Dr., Suite 7

Hyannis, MA

P: 508-858-5324

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