The second Trump Administration and potential implementation of Project 2025 could lead to our civil rights disappearing. To protect ourselves, our families, and our rights we must be proactive. There are a few things that each of us can do to help protect ourselves and our family.
First of these is to create a comprehensive estate plan which includes the following:
Will/Trust – A Will and a Trust, if your needs require one, are essential tools that are used to make your ultimate wishes known. Everyone needs a Will. A Will lays out who gets your possessions when you pass away. If you are married or in a long-term relationship, protect the relationship and what you have built together by ensuring you have taken care of your spouse or significant other. If you have children under the age of 18, you need to ensure that they are taken care of and are with someone you trust if something were to happen to you. Some of us are estranged from our families and would not want them to have any control over our possessions and take those things away from our loved ones. A Will prevents that from happening.
A Trust is best used by someone who has high value assets, wants to retain control on how heirs use the money, or for someone who does not want their assets to go through probate. Keep in mind, just having a Trust will not keep your estate out of probate but will reduce the amount of your estate that does go through probate. Only those assets that have been placed in the Trust or pass by operation of law, such as life insurance, avoid probate entirely.
Advance Medical Directive/Living Will – Advance Medical Directives/Living Will states who will make medical decisions for you and what your wishes are if you cannot make the decisions. This is an essential document. Your spouse or partner may not be recognized by a medical provider as your next of kin who is entitled to make these decisions. Do you want a relative who you are estranged from to make these decisions for you? If you have an Advance Medical Directive/Living Will, you clearly state who will make those decisions, so your wishes are honored.
Durable Power of Attorney – Durable Power of Attorney’s let your Agent “step into your shoes” if something happens to you. This is someone who you trust to act as if they are you. A general power of attorney does not have any power if you are incapacitated. A durable power of attorney “survives” your incapacity or incompetence. This is important because if you are incapacitated you still need your bills paid and your life to be taken care of regarding your home, children, investments, assets, and such.
Second is to obtain original certified copies of the following documents: birth certificate, marriage certificate, and any court documents regarding divorce, child custody, child adoption, name change, and gender change. Get two copies of each of these, if you can. You want to obtain original, certified copies because these are official government documents. Order copies of birth certificates for every member of your family.
Third is to adopt any child(ren) whom you are a parent to but are not the biological parent. A birth certificate is a presumption of parentage. It is not a guarantee of parentage. A court order of adoption shows that you are the child’s parent, under the law. Virginia has stepparent/second parent adoptions that allow same sex couples to have the non-biological parent to legally adopt the child(ren). If you have had a child through surrogacy, please have the non-biological parent legally adopt the child. This is especially important if you are going to travel internationally with the child. To travel with a child who is not biologically yours, you need a notarized letter providing consent to take the child from the biological parent. If the child has a different last name than you, you will need to provide proof of your relationship with the child. This is easily done with a stepparent/second parent adoption.
Fourth is to obtain a passport, if you can afford it. You want the ability to leave the country if you feel the need to leave. You need a passport to enter every country on Earth that is not a United States territory. If you are a naturalized citizen, please obtain a passport and the passport card. I highly suggest that naturalized citizens always carry a passport card. Think of it like your second driver’s license.
Fifth is to buy a small, fireproof safe that you can easily access in your home. This is where you should keep all your important documents. Tell someone you trust where the safe is and how to get into the safe if something should happen to you.
I cannot stress enough the importance of these documents for every person, but especially those of us in the LGBTQ community. Form community with those you love and trust. Protect yourself and those you love. Together, we will get through this challenging time.
About Rachel Anderson
Rachel Anderson, Esq. is an Attorney at Chesapeake Legal Group, PLLC and Board Member of Hampton Roads Pride and former President of HRBOR, who specializes in estate planning and administration, business law, family law, and contracts. Ms. Anderson represents clients throughout Hampton Roads and can be reached at Rachel@chesapeakelegalgroup.com or 757-410-7943.