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Estate and Retirement Planning for LGBTQ+ Americans
Estate planning is critical for everyone who wants to protect their assets and loved ones, but it’s even more vital for LGBTQ+ couples.
That’s because although same-sex married couples have access to the same estate planning rights and tools as opposite-sex couples, there are still unique dynamics and considerations that must be made. And for any unmarried LGBTQ+ couple, estate planning is an urgent matter that can help ensure the relationship is legally recognized after one partner passes.
In celebration of Pride Month, let’s explore four LGBTQ+ couple estate planning essentials.
Living Will, Medical Power of Attorney & HIPAA Privacy Authorization Form
It’s vital to have legal paperwork established that details medical care preferences if a person is unable to make decisions, especially for an unmarried person who wants to ensure their partner will be making decisions about their care. This should include:
- A living will, which details medical care wishes if a person is incapacitated
- A medical power of attorney, which names someone to make medical decisions if a person is unable
- A HIPAA privacy authorization form, which allows doctors or other health care professionals to disclose health information and records to one’s medical power of attorney
Durable Financial Power of Attorney
In the same vein, this document designates someone to handle a person’s financial affairs if they become too ill or incapacitated. Without this document, a judge could decide that a person’s relative should be the one to handle their financial matters rather than their partner.
- A living will, which details medical care wishes if a person is incapacitated
- A medical power of attorney, which names someone to make medical decisions if a person is unable
- A HIPAA privacy authorization form, which allows doctors or other health care professionals to disclose health information and records to one’s medical power of attorney
Will or Living Trust
There are key differences between wills and living trusts, but both can help give LGBTQ+ couples peace of mind knowing their assets will be distributed according to their wishes. If an unmarried person dies without a will or living trust, their state’s laws of intestate succession will determine who inherits their assets, and their partner could end up with nothing.
For LGBTQ+ people who are estranged from their families or expect family conflict, a no-contest clause added to a will or living trust may help prevent family members from challenging the validity of the will in some states.
- A living will, which details medical care wishes if a person is incapacitated
- A medical power of attorney, which names someone to make medical decisions if a person is unable
- A HIPAA privacy authorization form, which allows doctors or other health care professionals to disclose health information and records to one’s medical power of attorney
Insurance Products
The right insurance products can be an important part of retirement and estate planning for an LGBTQ+ couple.
- Life insurance can help a person ensure their final expenses are covered and that their partner’s future is financially secure with tax-free benefits that typically avoid probate.
- Long-term care insurance can help protect a person’s assets from the high costs of care, while also giving them financial freedom to seek LGBTQ+ inclusive long-term care.
- Annuities can help LGBTQ+ people who may be behind on retirement savings by protecting their assets, providing a guaranteed income stream, and passing on funds upon death that typically avoid probate.
For LGBTQ+ people who are estranged from their families or expect family conflict, a no-contest clause added to a will or living trust may help prevent family members from challenging the validity of the will in some states.
- A living will, which details medical care wishes if a person is incapacitated
- A medical power of attorney, which names someone to make medical decisions if a person is unable
- A HIPAA privacy authorization form, which allows doctors or other health care professionals to disclose health information and records to one’s medical power of attorney
How to talk to your aging parent about long-term care
Is your aging parent reaching a point where you’re concerned they’re unable to live alone safely? The realization that your parent needs long-term care is difficult to face, but it’s important to address swiftly if you feel like your parent’s well-being is at risk.
Long-term care is assistance for people who need help with activities of daily living. Received at home or in a facility, long-term care can help seniors with tasks like hygiene, chores, mobility, meal preparation and more. Long-term care services can be a literal lifesaver for seniors, helping them avoid self-neglect and fatal accidents.
Talking with aging parents about long-term care is often a difficult and uncomfortable conversation. Seniors are sometimes resistant to the conversation about long-term care due to feelings of discomfort or embarrassment—and understandably so. You would likely feel the same way if you needed help with such basic, but vulnerable tasks.
Keep reading for 5 tips to help you facilitate this difficult conversation with your parent.
1. Start having conversations sooner rather than later
Many people would rather put off this difficult conversation or avoid it altogether, but it’s important to start talking about long-term care with your aging parent as soon as possible. Don’t wait for an illness or injury to force the issue. Instead, broach this difficult conversation early—when you first start having concerns that your parent may be unable to live alone safely—so everyone has time to gather their thoughts, consider the options and develop a game plan.
2. Be prepared with specific concerns
Have you noticed your parent struggling on the stairs? Or are you concerned that they’re missing doses of medications? Jot down your observations so that you’re prepared to discuss them with your parent. Your parent may not even realize some areas of concern
3. Get educated on long-term care options
Do some research about long-term care options in your area before talking to your parent. There are a wide variety of services available that your parent may receive at a facility, in the community or in the comfort of home. Your parent may be more open to the conversation about long-term care once they realize their options, especially if receiving in-home care is a possibility.
4. Listen and empathize
If your parent is resistant to conversations about long-term care, it’s easy to get frustrated. However, raising your voice or talking to them like a child will only leave them feeling resentful. Instead, take a step back and listen. Validate your parent’s discomfort and empathize with what they’re feeling. Calmly remind your parent that their safety is your top priority, and that long-term care might help them live in their own home longer.
5. Bring in a professional mediator
If you’ve empathized with your parent and tried to have calm conversations, but they’re still resistant to long-term care, consider bringing in a third-party mediator. A family therapist, long-term care professional or physician can help facilitate this difficult conversation and help everyone see eye to eye
Demystifying FINRA: What Investors Need to Know
Working with a Financial Professional can help provide potential long-term investment success, but how can people be confident their money is secure and their Financial Professional is working in their best interest? For many investors, FINRA, Financial Industry Regulatory Authority), helps provide peace of mind.
What is FINRA?
FINRA is a nonprofit organization that oversees U.S. broker-dealers. Authorized by Congress to help protect America’s investors, FINRA works to help ensure the broker-dealer industry operates fairly and honestly. It oversees more than 624,000 brokers across the country and analyzes billions of daily market events.
How Does FINRA Help Protect Investors?
FINRA’s mission is to ensure everyone can participate in the market with confidence. Here are a few ways FINRA helps protect investors:
- All broker-dealers that do business with the public in the U.S. must apply to become a FINRA member and undergo a substantive review. This review assesses many things, including a firm’s ability to adhere to FINRA requirements and to act in their customers’ best interest. FINRA also helps ensure a firm’s personnel doesn’t have a history of misconduct.
- All member firms must provide periodic reporting to FINRA disclosing their financial condition. This helps ensure firms have sufficient liquid assets and investor funds are properly safeguarded.
- FINRA members also undergo frequent inspections to help ensure compliance with rules and laws. Inspections can cover a range of issues, including the Financial Professional’s understanding of securities, customer experience and financials .
- Member firms must provide FINRA with extensive background information on their individual Financial Professionals. This helps FINRA decide if an individual Financial Professional presents a risk to investors and the firm.
- Financial Professionals must pass qualifying exams administered by FINRA and comply with annual continuing education requirements.
- FINRA also provides investors with a fair and efficient securities dispute resolution process.
How Can I Know if a Firm or Individual is Registered With FINRA?
Broker firms and individual Financial Professionals are required by law to be registered with FINRA. However, fraudsters posing as brokers or Financial Professionals unfortunately still exist. Some may even claim to be registered with FINRA in order to lure investors into scams.
That’s why it’s important to ensure the firms and Financial Professionals you work with are FINRA members. You can do this by looking them up directly on FINRA’s BrokerCheck website, which will disclose if they’re registered to offer investment advice, sell securities or both.
What are Additional Ways to Vet a Financial Professional?
Hunting for a Financial Professional is like hiring someone to work for you. Ensuring candidates are FINRA members is step one. Next, you should consider interviewing prospective candidates to see if they’ll be a good fit for your needs. Here are some questions to consider asking:
- What licenses and registrations do you hold? Are you a fiduciary?
- What’s your experience in the industry and what other designations have you received?
- What investments and services do you offer?
- How much will products and services cost me now and in the future?
- How do you get paid?
- How does your experience and strategy align with my goals?
- How will our relationship work? How often will we meet? Are you available for phone calls and emails outside of appointments?
- How often is your firm examined by a regulator? Do you or your firm have a legal or disciplinary history?
