An Advocate for the Fair Treatment of the GLBT Community
Unfortunately, Ohio does not recognize same sex couples, and many people in the GLBT community struggle to receive fair recognition under the law. We provide dedicated representation on GLBT issues by assisting with matters such as estate planning, drafting cohabitation agreements and adoption.
At the Law Office of Michael J. Davis, we believe that all people deserve to be treated fairly under the law. We advocate for the fair treatment of gay, lesbian, bisexual and transgender people throughout Ohio. Contact us online or call 513-398-9500 to discuss your legal needs.
Many people struggle to understand what rights and options they have under the law. Our staff works hard to stay informed and up-to-date on all changing laws that affect same sex couples. We will take the time to discuss your legal options and answer your questions and concerns.
Although we are eager to assist the GLBT community in all aspects of the law, we frequently assist individuals and families in the areas of cohabitation agreements, adoption, separation agreements, child custody, and estate planning.
Estate Planning
There are four legal documents that same-sex couples must have to protect themselves and their partners from loss of property, legalized discrimination and a loss of power in a medical setting. These documents are a Last Will and Testament, Living Will, Health Care Power of Attorney and Financial Power of Attorney.
To learn more about estate planning please click here.
Why Same-Sex Couples Must Have Wills
Despite some success in the battle for marriage equality, Ohio does not provide the same protections and rights for same-sex couples as they do for different-sex spouses. This means that after the death of one partner, property and assets may not go to the life partner, even if the couple were married, had a civil union or domestic partnership.
In fact, lesbian, gay, bisexual and transgender (LGBT) people whose partners die without wills may find that they are completely shut out of the process to distribute or receive assets. The State may automatically hand over your possessions to a relative you haven't seen in years, ignoring the people you care about and who care about you. A will is critical to outline how assets will be distributed, who will care for children and who will serve as executor to see that the wishes outlined in the will are carried out.
To learn more about Wills click here.
A Living Will or Advance Directive is Important
A living will, or advance directive, is a legal document that outlines what types of life-sustaining measures can be used if necessary and which measures are not wanted. This document can be important to same-sex couples and persons living with HIV because it outlines end-of-life choices that may be contested by one person's family members. In addition to having a living will, each partner should discuss their end-of-life choices with family members to avoid objections later on.
Empower a Partner to Make Medical Decisions
A medical power of attorney, also called a health care proxy or durable power of attorney for health care, is a legal document that names a person who can make medical decisions if a person is incapacitated. Unless you have designated someone to make these decisions for you by executing a durable power of attorney for health care, your health care providers will turn to your relatives to make these decisions.
For those who want to ensure that the person closest to them is the one making medical decisions, a health care proxy is essential for naming who will make medical decisions in a time of crisis. The proxy must include a hospital visitation directive if a separate one has not been created.
Choose Who Will Oversee Financial Matters
Like many of the documents same-sex couples need, a financial power of attorney is important to designate who will be in charge of financial matters in case of medical emergencies or incapacitating illness. Partners without a financial power of attorney will be at the mercy of the court to appoint a guardian. Courts may consider your relatives to be first in line to take over your finances, even if you would have made a very different choice.
Until same-sex couples are afforded all the same rights as other married couples, it is necessary for LGBT partners to protect their wishes and their partners from discriminatory practices.
Cohabitation Agreements and Adoption
We can assist you in drafting cohabitation agreements that can provide you with security and some of the same benefits married couples share. If you and your partner ever decide to end your relationship, this agreement can be extremely useful in establishing equitable asset division.
If you are thinking of adopting a child, we will walk you through that process and help you handle legal responsibilities.
Please contact us to schedule an appointment and discuss your legal concerns. Spanish language services are available.
To learn more about Same Sex marriages, Civil Unions, Domestic Partnerships and Co-habitation Agreements please click here.
Se habla español.