Protecting the Interests of Every Family
Families come in all shapes and sizes, but the law doesn’t always address them the same ways. Unmarried and same-sex couples must take extra measures to ensure their partners and families are protected. It is critical for LGBT individuals and non-traditional couples to thoroughly express their wishes using the proper documents. At Haas & Associates, P.A., we address your concerns and help you find the best legal and practical solutions to help make sure your interests are protected and your family’s needs are met. For more information, come in to speak with an attorney about your options, including the following:
Domestic Partnership Documents:
Domestic Partnership Agreements
Even if you have been together for many years, the state may not recognize your relationship as a “marriage,” which will affect your legal rights if you and your partner ever decide to separate. You can avoid many legal problems by putting your living arrangement agreement in writing. The following are a few of the issues that can be addressed through the use of a Domestic Partnership Agreement: how finances will be addressed between the parties (clarifying the responsibilities and entitlements of each party); how tax consequences will be dealt with regarding gifts and property transfers; how property will be owned/titled, valued and distributed upon separation; whether the parties will have a legal claim for child custody and/or child support; and what legal remedies are available for resolving any disputes. Because North Carolina does not have a legal framework specifically designed to assist non-married couples through the process of dissolving their domestic partnership, proceeding without a written agreement may result in your having to face difficult and possibly expensive legal battles should you and your partner separate and you can’t agree on issues such as property distribution, support, and taxes. Domestic Partnership Agreements can be modified by the parties, upon consent of both parties.
Property Settlement Agreements
Some couples keep all their finances and belongings separate, while others purchase items together, such as furniture. Many couples think keeping their property and finances separate will protect them from any conflicts over assets. Unfortunately, this is not always the case. In the event that you and your partner do not already have a Domestic Partnership Agreement which addresses how property will be distributed upon the dissolution of your domestic partnership, the best way to avoid misunderstandings and/or costly legal battles is to execute a written Property Settlement Agreement that clearly defines how property will be owned, transferred, valued, and distributed under certain circumstances. Property Settlement Agreements can be modified by the parties, upon consent of both parties.
Parentage Documents:
Donor Insemination and Surrogacy Agreements
When trying to decide how you wish to create your family with the assistance of individuals outside your domestic partnership, careful consideration should be taken to establish the rights and obligations of all persons involved, such as: clarifying who will and will not have parental rights and/or obligations, and the procedure by which those rights/obligations will be established or terminated.
Second-Parent Adoption
A second-parent adoption (also called a co-parent adoption) is a legal procedure that allows a co-parent to adopt his/her partner’s biological or adoptive child without terminating the first parent’s legal status as a parent. A second-parent adoption is much like a step-parent adoption, in that the parental rights of the existing legal parent are not terminated when the co-parent adopts the child. Second-parent adoptions allow for couples in a committed relationship to provide their child with all the benefits of having two parents, including but not limited to health insurance coverage under the second parent’s policy; child support enforcement; entitlement to governmental benefits from the second parent, such as social security and worker’s compensation;, entitlement to pensions and retirement plans of the second parent; possible wrongful death and other tort damages arising from the death or disability of the second parent; and stability and continuity of care if the first parent dies while the child is still a minor. A final adoption is non-modifiable.
Legal Custody
Establishing and clarifying the rights of parents regarding the legal and physical custody of a child can be achieved through the use of a court order, which can be obtained by consent or through protracted litigation (depending on the level of the parties’ commitment to co-parent). The Custody Order can then be used to enforce the rights and obligations of each party with regard to what is in the best interest of the child. Establishing a legal basis for each party’s custodial rights creates a more stable environment around the child’s parent-child relationships, and provides a legal framework for resolving disputes around what is in the child’s best interest of the child. Custody Orders can be modified by a court of competent jurisdiction.
Co-parenting Agreements
These agreements establish a written record of a couple’s intentions about parenting their children, and provide guidance for the decision-makers should a dispute arise. A co-parenting agreement spells out the parenting arrangement should the couple’s relationship end, including custody, visitation, child support, and college tuition. The agreement can also be used by the courts to establish a relationship between a non-legal parent and a child, in order to provide the child with the most consistent level of care. Co-parenting Agreements can be modified by the parties, by consent of both parties.
Estate Planning Documents:
Authorization for the Health Care of a Minor
An Authorization for the Health Care of a Minor is a legal document which lets you specify how health care decisions may be made concerning your child, in the event you become incapacitated or are unavailable to make these decisions. Without an Authorization for the Health Care of a Minor, the law states that your next-of kin (spouse, parent or sibling) will be authorized to make decisions regarding your child’s health care decisions when you can’t. Protect your child, by authorizing only the person or persons you trust the most to act on your behalf when you are unable to do so for your child. An Authorization for the Health Care of a Minor may be revoked or amended by the individual who granted the power.
Durable Powers of Attorney
If you become incapacitated, Powers of Attorney documents ensure your partner, children, or a person you choose can manage your financial resources. Without a Durable Power of Attorney, the law states that your next-of kin (parent or sibling) will be authorized to make decisions regarding your financial affairs in the event you become incapacitated. Protect financial security, by authorizing only the person or persons you trust the most to act on your behalf when you are unable to do so for yourself. A Durable Power of Attorney may be revoked or amended by the individual who granted the power.
Health Care Powers of Attorney
A Health Care of Attorney is a legal document which lets you specify how your health care needs will be met in the event you become incapacitated, including but not limited to the following: the person or persons who will be allowed to make decisions about your health care; who will be allowed admission to visit you in the hospital or other health care facility; who will be your guardian in the event you are declared incompetent; and who will be entitled to your protected healthcare information. Without a Health Care Power of Attorney, the law states that your next-of kin (parent or sibling) will be authorized to make your health care decisions in the event you become incapacitated. Protect yourself and your private information, by authorizing only the person or persons you trust the most to act on your behalf when you are unable to do so for yourself. A Health Care Power of Attorney may be revoked or amended by the individual who granted the power
Living Will
A Living Will is a legal document (sometimes included within a Health Care of Attorney) which lets you specify your desire for a natural death in the event of your incapacitation, as well as how your bodily remains will be handled immediately after your death. Without a Living Will, the law states that your next-of kin (parent or sibling) will be authorized to make the decisions regarding the life-sustaining measures that may be taken to prolong your life in the event you become incapacitated. Protect yourself by authorizing only the person or persons you trust the most to act on your behalf when you are unable to do so for yourself. A Living Will may be revoked or amended by the individual who granted the power at any time prior to his/her incapacitation.
Last Will & Testament
A Last Will & Testament is a legal document which lets you specify how your property will be handled after your death. Without a Will, the law states that your next-of kin (spouse and/or children, parent or sibling) will be entitled to a certain percentage of your property at your death, potentially leaving your partner at risk of losing everything the two of you accumulated during your partnership. Your Last Will & Testament can also address issues including: distribution of your property at the death of your partner; funeral arrangements, guardianship of children; forgiveness of loans; and who will care for your pets. Protect your property and your partner, by stating how you want your property to be distributed at your death. A Last Will & Testament may be revoked or amended at any time prior to your death.
Living Trust
The wishes of you and/or your partner may be addressed in a Living Trust document, which can also help your partner avoid probate court and/or challenges to your Last Will & Testament by your family members related by blood or marriage.
Transgender Issues:
Transgender individuals incur a myriad of legal obstacles before, during and after their transition from one sex to another, including but not limited to: name change; amended birth certificates, driver’s licenses, social security cards and other vital records; marriage issues; parental rights; access to public facilities; and many others. Protect yourself and/or your spouse, partner, and/or children, from the legal pitfalls and obstacles associated with your transgendering, and obtain the proper protection before, during and after the process.
For more information, please contact us at 1-866-783-9669, or via our online contact form, to schedule a consultation with one of our attorneys.