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LGBTQ+ ISSUES
Building Strong Connections with Other LGBTQ+ Individuals and Supportive Allies Can Provide a Strong Network and a United Defense Against Harm and Discrimination. Everybody Deserves to Protect Their Loved Ones Without Fear or Bias Because of Their Sexual Orientation or Gender Identity
LGBTQ+ LEGAL CHALLENGES
While the legal terrain has improved significanty for the LGBTQ+ community, there are potential challenges that affect their lives. The challenges vary widely depending upon individual circumstances, but the following issues highlight the continuing struggles encountered by LGBTQ+ people even in a socially liberal State like California
Estate Planning
Creating an Estate Plan can involve numerous complexiities for anyone, regardless of sexual orientation or gender identity. LGBTQ+ individuals often face additional legal challenges due to the lack of proper and complete planning.
Here are five of the top legal challenges for them:
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Recognition of Relationships-Domestic Partners or long-time companions may not be acknowledged when a partner dies thereby effecting medical decisions, funeral arrangement or end-of-life matters.
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Parental Rights-Surviving parents could face disputes over custody and visitation with family members of the deceased partner even in the case of legal marriage without an Estate Plan.
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Discrimination-Bias can impact access to the legal system and proper representation in legal disputes over Estate Plans. Implicit bias exists in all individuals and can cause untold misery and despair during critical situations without clear legal direction and documentation in Estate Plans.
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Identity Recognition-Legal documents may not claerly affirm their self-identified gender and present uncomfortable situations when these documents fail to ratify and confirm the preferred pronouns and characteristics.
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These can be mitigated with proper legal planning through policy and legal reform. if California continues to lead the way in the USA on equality.. The LGBTQ+ community needs to proactively organize for the future by establishing appropriate legal documentation in their Estate Plans.
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Probate Conservatorships
Due to age, dementia, brian disorders, or physical diseases people may encounter the legal challenge of a Probate Conservatorship. For the LGBTQ+ people unique issues due to their sexual orientation or gender identities could be negatively utilized in the establishment and direction during the conservatorhsip.
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Five issues of challenge for them are:
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Loss of Rights-The conservatees lose the abiliity to make financial decisions, contracting, driving and voting rights.
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Exploitation-Orientation and identity could be used to silence the potential conservatee rights to contest the establishment of a probate conservatorship.
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Supervision-Strict restrictions on housing and relationships because of concerns and confusion by the conservator over the orientation or identity of the conservatee.
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Representation-Lack of understanding and experience may result in an attorney's failure to zealously advocate for the conservatee's right to contest, regain their personal rights and the ability to direct their life and support
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Dissolution-Once on a probate conservatorship it can be difficult due to the loss of financial and contracting rights.
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Aging and mental/physical diseases are invetible for human, but misunderstandings on orientation or identity could negatively impact the LGBTQ+ community by taking restrictive actions by the conservator over the life decisions, medical treatment, supportive relationships and intimate relationships.
LPS Conservatorships
When a person is an immediate threat of harm to themselves or others and "gravely disablied" by mental illness a psychiatrist can petition a court for the establishment of a mental health (LPS) conservatorship. For the LGBTQ+ community, these can instill fear and confusion.
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Exclusive legal challenges faced may be:
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Discrimination-orientation or identity are not considered mental illness in California, Families, medical personnel or court officials may use them to contradict any contestation.
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Confidentiality-Medical records or sensitive information are reviewed and made available to Court Appointed Attorneys and the Conservator.
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Hospitalization-Involuntary detention in acute psychiatric facilities where orientation or identity could lead to harm by staff or other patients.
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Relationships-Out of State legal relationships are not generally recognized besides marriage. Conservatees risk the lose of supportive and intimate partners.
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Medical Treatment-Any invasive procedures must be granted by the Court based on the preceived mental abilities to give informed consent.
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Mental Illness is a diverse group of disorders that can be miss understood by many people. It is also clear that orientation or identity can be conflated under them. It is imparative for LGBTQ+ individuals to proactively seek medical care to forestall the likelihood of placement on an LPS conservatorship.
