Domestic Partnerships/Same Sex Separation
Without legal recognition of same sex marriages in Florida, same sex couples may find themselves without many of the legal rights enjoyed by married couples. Nonetheless, with a little pre-planning and the aid of the Law Offices of Cindy S. Vova, same sex couples can create documents to share these rights.
These documents would include ensuring that the couple filed, if available in their county of residence, a Declaration of Domestic Partnership. This document is available in Miami-Dade, Broward and Palm Beach counties, as well as many other counties throughout the state. Our firm can also craft a detailed Domestic Partnership Agreement, defining each partner’s rights and obligations, similar to a prenuptial agreement.
Equally important, all same sex couples need the following legal documents:
Will: A will permits each partner to provide for the other partner, and ensure your loved one is provided for after you are gone. Without a will, state law governs the disposition of your assets upon death, and at present, that law does not provide for your partner.
Durable Power of Attorney: A durable power of attorney allows you to give your partner now, while you are able, the ability to act in your place, should you be unable to make these decisions yourself. Typically, the power includes delegating financial decision making to your partner, but it may include other specific powers. Our firm can assist in tailoring the power of attorney to your specific needs.
Health Care Surrogate: Should you be unable to give consent for medical treatment, designation of a of health care surrogate, executed now while you are healthy, allows you to appoint your partner as the decision maker. Absent this document, your partner will have no say in your care or treatment if you are incapacitated.
Living Will: Most people have strong feelings about whether or not they want their lives prolonged by artificial means if they are terminally ill, or likely will not survive without life support. A living will gives you an opportunity to state your wishes, rather than leave this decision to family who often cannot come to an agreement on such issues.
Declaration of Pre-need Guardian: In certain instances, where a person is incapacitated for a lengthy period, a court may appoint a guardian for the person, who, in addition to overseeing a person’s health care and, often, financial affairs, must report to the court on these matters. The Court has discretion as to who is appointed as guardian. However, with a Declaration of Pre-Need Guardian you can, in advance, request that your partner be appointed your guardian should the need ever arise.
HIPAA Authorization: Federal law prohibits health care providers from disclosing information about your health, health care and treatment. A HIPAA authorization permits your partner, or any other individual you designate, to obtain information about your health care, including speaking with your treating physicians.
If you want to ensure that your wishes are honored during your life and after, and you want your partner to participate in these decisions, then now is the time to consult with the Law Office of Cindy S. Vova, P.A. Call today at 954.316.3465 or email us at firstname.lastname@example.org
Same Sex Separation
Although Florida does not presently recognize same sex marriage, same sex partners ending a relationship go through much of the same economic and emotional turmoil as “traditional” couples. There are many issues involved in dividing up real property, assets, and liabilities, and when children are involved there are even more difficult decisions regarding time sharing and child support.
Even though there is no formal divorce or legal separation process for same sex couples, issues pertaining to jointly held property and children may require filing a legal action for partition, timesharing and support.
The Law Office of Cindy S. Vova, P.A. can provide you with sound advice about separation of assets and liabilities as well as division of property. We are experienced in dealing with LGBT couples and provide caring and compassionate, yet strong legal advice and representation before, during and after the separation process.