IF YOU ARE UNMARRIED, DON'T HAVE KIDS, AND HATE YOUR PARENTS PLEASE FOR THE LOVE OF GOD HAVE A FUCKING WILL
this has been a public service announcement from your friendly neighborhood probate lawyer
Again:
1. The law doesn't care how long your parents and family have been out of your life
2. The law doesn't care about your long term friends or "found family"
If you don't have legal documents that say otherwise, your biological family calls all the shots.
This goes especially for LGBTQ+. Please do not get deadnamed in your obituary.
If you aren’t legally married (even if you are, to be safe), consider having:
1) a medical power of attorney. This allows you and your partner/spouse to make life saving or life ending decisions. Keep several copies in accessible places like your glove compartment, a lock box at your home. While love might have won in the courts, medical professionals only have to follow your wishes if they want - or unless you can beat them over the head with the legal documents and the threat of a lawsuit
2) a legal document stating that you, as the spouse/partner, have the right to claim your partner’s/spouse’s body should they pass away. Frighteningly, even estranged families have more rights than a queer partner/spouse when it comes to this macabre task
Also everyone should have something called an advance directive, ESPECIALLY if you can drive a car, ride a motorcycle, or ride horses. In an advance directive you give explicit instructions for your healthcare and the handling of your body and you can designate a first, second, and usually third choice for your POA, who will make decisions on your behalf if you are deemed medically unable and the thing being decided on isn’t explicitly mentioned in the advance directive.
An AD is what lets you say ahead of time that you don’t want to be kept on life sustaining medication if you’re braindead and not going to come out of it, lets you say if you want to be cremated/open casket/whatever, and lets you make misc specifications. For instance, mine specifies that I be kept unconscious and allowed to die if I am going wake up and be completely paralyzed after some kind of accident, says I want to be cremated, gives instructions on last rites, and says what I want my parents to do with my ashes.
HERE is a good video on this sort of thing with a bit more information on how to go about it. it’s trans-centered, but the information is applicable to anyone who wants their rights and property respected after death
(also warning for anecdotes of transphobia in the vid too)
























