HOW CAN I PROTECT THE RIGHTS OF MY PARTNER WHO IS DYING?
What legal documents are required so that I can have the final say on medical and funeral planning? This is especially concerning if my partner is not able to speak for themselves. I am concerned about other family members possibly overriding my decisions.

Before your partner becomes “incapacitated” (also known as “incompetent” in some states,) the two of you should execute some manner of a Power of Attorney. Each state has guides of sorts or templates containing all of the necessary information to make a Power of Attorney legal and binding. The power of attorney should set forth with specific and particular language the powers that the healthy partner or the “Agent” is to assume. I would recommend checking with your local Gay and Lesbian Community center for a sample Power of Attorney (or with an attorney in the state in which you reside) and a Will making the healthy partner the executor of the ill partner’s estate (possessions real property and other property) Once again seek the advice of an attorney in your area. PLEASE DO NOT RELY SOLELY ON THOSE ONLINE COMPANIES AND ALWAYS DOUBLE CHECK WITH A LICENSED ATTORNEY IN YOUR STATE.

CAN A GAY PARTNER BE FORCED FROM HIS DECEASED PARTNER’S HOME?
If a member of a gay union/relationship dies without a will, can the family of the deceased force the remaining partner out onto the streets?

YES and NO

YES, if there is no legally binding document that gave the surviving partner ownership (legal ownership that is) in/of the home. For example, a separate agreement filed by and between the partners. In addition, if the state in which the couple resided and where the deceased partner died does not recognize Civil Unions, then the surviving partner has no recourse except to seek redress in a civil court, perhaps suing the estate for monies that the surviving partner put into the home.

NO, if the state in which the couple resided and where the deceased partner died does recognize Civil Unions, then the partner may have a claim under that State’s Intestate laws. Intestate laws grant interest to legally recognized heirs of the deceased person. Under most intestate laws of most states the spouse or in the case of a legally recognized Civil Union the Civil partner would stand in the shoes of the spouse, and the spouse in a heterosexual marriage would be entitled to 50% of the deceased spouse’s estate, as would the civil partner. Consult with an attorney who specializes in Wills in Estates, and more specifically Wills and Estates in a state that offers protections for same sex couples.

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