With the Open Door Fund’s Gala and Dinner just around the corner (register here for the April 11 event), we asked Erica Johnson – an attorney with Ambler & Kennan, LLC – to explain away some common misperceptions about LGBTQ marriages and civil unions:
“I do estate planning – wills, trusts, that kind of thing – and second and step-parent adoptions for non traditional families,” she said. “Now that same-sex couples can get married in many places, we’re facing some misperceptions about what a marriage license means from a legal standpoint. For starters, marriage licenses don’t come with a POA [power of attorney].”
Indeed, that’s one of the topics covered in Erica’s free May seminar series about civil unions, marriage and estate planning in Colorado.
“For years, our community assumed we had to jump through legal hoops because we couldn’t get married,” Erica continued. “But being married doesn’t mean you don’t have to pay attention to your legal rights, depending on what’s most important to you.
“The first thing I encourage couples to consider is getting a durable POA. Similarly, if you can’t make your own decisions about your medical care, you may assume that your partner can make them for you. That’s not true, unless you have a medical POA where all interested parties in your life select a decision maker. While being married makes your partner an ‘interested party,’ that’s not enough for decision-making authority.”
Erica also spoke to us about civil unions, which offer only state – not federal – recognition.
“Marriage still isn’t legal in every state, and your marriage may not be honored in other states the same way it is here. So if you’re contemplating a civil union, understanding legalities is even more important, as is talking to your tax advisor about how your choices affect social security and more. In fact, some people aren’t getting married for financial reasons.”
In her upcoming seminar series, Erica will talk more about the status of same-sex marriages across the country, as well the legal differences between a marriage and a civil union.
“Even if you’re legally recognized as being in a relationship because you’re in a civil union or a marriage, you still need to protect yourself through wills, trusts and such.
“Additionally, if there are children involved, or if adoption is on the table – all of that is changing. For example, if a couple isn’t married, but in a civil union and they have children together, what rights does the non-biological parent have?
“Since 2007, a person can adopt another person’s child, even though they’re not legally-related to the other person. And if you’re married or in a civil union, the other parent does a step-parent adoption.”
The bottom line, according to Erica, is to get the facts and have a plan. “If you’re not proactive in your planning, you may be making some wrong assumptions.”
In the past, The Community Foundation Serving Boulder County has relied on Erica’s expertise as a valuable resource for our LGBTQ community.
