Estate planning is important for everyone, but LGBTQ+ individuals and families often have unique planning considerations. While Maryland recognizes same-sex marriage and provides important legal protections, many rights still depend on having the proper legal documents in place.
This resource explains common estate planning and elder law terms through the lens of LGBTQ+ planning in Maryland.
Marriage
Maryland recognizes same-sex marriage, and married spouses generally receive the same legal rights and protections as any other married couple.
Why it matters: Many people assume marriage alone solves every estate planning issue. While a surviving spouse may have inheritance rights and priority in certain healthcare situations, marriage does not replace a Will, Trust, Power of Attorney, or Advance Medical Directive. These documents help clarify your wishes and can reduce uncertainty during a medical crisis or after death.
Unmarried Partner
An unmarried partner is someone with whom you share a committed relationship but are not legally married.
Why it matters: Unlike a spouse, an unmarried partner may not automatically inherit assets or have authority to make financial or healthcare decisions. Estate planning documents can help ensure a partner has the legal authority to act when needed.
Chosen Family
Chosen family refers to people who provide emotional support, caregiving, or companionship but may not be related by blood, marriage, or adoption.
For many LGBTQ+ individuals, chosen family members play an important role in daily life and long-term care planning.
Why it matters: Maryland law generally gives priority to spouses and relatives when decisions must be made for an incapacitated person or when someone dies without a Will. A comprehensive estate plan allows you to legally include chosen family members in important decisions.
Advance Medical Directive
An Advance Medical Directive allows you to document healthcare wishes and appoint someone to make medical decisions if you cannot communicate.
Why it matters: Many LGBTQ+ individuals want a spouse, partner, friend, or chosen family member to have a clear legal role during a medical emergency.
If you have a valid Advance Medical Directive, the person you name as your healthcare agent generally has authority to make healthcare decisions on your behalf. Maryland law gives an appointed healthcare agent priority over other potential decision-makers.
Healthcare Agent
A healthcare agent is the person named in your Advance Medical Directive to make healthcare decisions when you are unable to do so.
Why it matters: Without a written directive, Maryland law follows a priority list for surrogate decision-makers. In general, the order begins with a court-appointed guardian, followed by a spouse or domestic partner, then adult children, parents, and siblings.
For LGBTQ+ individuals who want a specific person to speak on their behalf, naming a healthcare agent can provide additional clarity and avoid potential disputes.
Financial Power of Attorney
A Financial Power of Attorney allows you to appoint someone to handle financial matters if you become incapacitated.
Why it matters: A spouse or partner does not automatically have authority to access accounts, sign documents, or manage all financial affairs simply because of the relationship. A Power of Attorney can authorize a trusted individual to act when needed.
This can be especially important for unmarried partners, aging couples, and caregivers.
Beneficiary Designation
A beneficiary designation determines who receives certain assets upon death.
Common examples include:
- Retirement accounts
- Life insurance policies
- Transfer-on-death accounts
- Payable-on-death bank accounts
Why it matters: Beneficiary designations often control who receives these assets regardless of what your Will says. Failing to update beneficiary forms after a marriage, divorce, or other life event can create unintended results.
Last Will and Testament
A Will directs how your assets should be distributed after death and allows you to nominate a personal representative to administer your estate.
Why it matters: If you die without a Will, Maryland’s intestacy laws determine who inherits your property. These laws generally prioritize spouses and biological or legally recognized family members.
For LGBTQ+ individuals who wish to leave assets to an unmarried partner, close friend, or chosen family member, a Will can help ensure those wishes are documented.
Probate
Probate is the court-supervised process of administering an estate after death.
Why it matters: Assets passing through probate are distributed according to a Will or, if no Will exists, according to Maryland law. For LGBTQ+ families with blended family relationships, chosen family members, or unmarried partners, probate planning can help avoid unintended outcomes.
Revocable Living Trust
A Revocable Living Trust is a legal arrangement that allows assets to be managed during life and distributed after death according to your instructions.
Why it matters: Trusts can provide privacy, avoid probate for certain assets, and create a framework for managing property for spouses, partners, children, or other beneficiaries.
Trust planning may be particularly helpful for blended families, second marriages, and situations involving non-traditional family structures.
Long-Term Care Planning
Long-term care planning involves preparing for future healthcare and personal care needs that may arise because of aging, illness, or disability.
Why it matters: LGBTQ+ seniors are more likely than previous generations to rely on friends, partners, or chosen family members for support. Legal planning can help ensure the right people are empowered to assist with healthcare and financial decisions if long-term care becomes necessary.
Why LGBTQ+ Estate Planning Matters
Many LGBTQ+ Maryland residents assume that marriage, family relationships, or long-term partnerships automatically provide all necessary legal protections. In reality, important decisions involving healthcare, finances, inheritance, and long-term care often depend on properly prepared legal documents.
A comprehensive estate plan can help ensure that the people you trust—whether a spouse, partner, family member, or chosen family member—have the authority to carry out your wishes when it matters most.
At Sinclair Prosser Gasior, our estate planning attorneys in Annapolis, Maryland, help families create comprehensive plans that reflect their wishes and protect their legacies. Whether you’re preparing a Will, Trust, Power of Attorney, or Advance Medical Directive, our team provides trusted guidance every step of the way.
Contact us today at (410) 573-4818 or visit Sinclair Prosser Gasior to schedule a consultation and plan for peace of mind.
This resource is provided for educational purposes only and should not be considered legal advice. Reading this page does not create an attorney-client relationship.
