Hate crime lawsuits

[Sky Dancer]

Power of attorney doesn't make anyone "next of kin".

Power of attorney gives control over any "next of kin"

No, it doesn't. Check your facts.

 

[Sky Dancer]

Power of attorney doesn't make anyone "next of kin".

Power of attorney gives control over any "next of kin"

A power of attorney does not survive the death of the person who granted it. A deceased person's property is distributed either by will (if one exists) or by the laws of the state in which they lived at their death. If one is not next of kin, one is always at risk that some blood relative will step in with a lawyer and challenge whatever will, power of attorney or other legal document one might have.

There are situations, say in a hospital emergency room, in which saying "this is my husband/wife" opens doors immediately, but where you might otherwise be forced to say, "oh, excuse me, I need to go home and get my copy of the power of attorney, and maybe my lawyer too." I know of one situation where exactly this happened--a woman was denied access to her partner in a hospital emergency room situation and she did not happen to have the power of attorney in her back pocket (who would?)

And I had a family member lose a home because blood-relatives of his deceased partner took it (it was worth a lot of $, so despite that those relatives hadn't spoken to their relation in 17 years b/c he was gay, *even when he was dying!* they suddenly claimed kinship to get the property.)

 

[Sky Dancer]

These are the kinds of rights that unmarried gay couple miss:

Marriage Rights and Benefits | Nolo.com

Tax Benefits

Filing joint income tax returns with the IRS and state taxing authorities.

Creating a "family partnership" under federal tax laws, which allows you to divide business income among family members.

Estate Planning Benefits

Inheriting a share of your spouse's estate.

Receiving an exemption from both estate taxes and gift taxes for all property you give or leave to your spouse.

Creating life estate trusts that are restricted to married couples, including QTIP trusts, QDOT trusts, and marital deduction trusts.

Obtaining priority if a conservator needs to be appointed for your spouse -- that is, someone to make financial and/or medical decisions on your spouse’s behalf.

Government Benefits

Receiving Social Security, Medicare, and disability benefits for spouses.

Receiving veterans' and military benefits for spouses, such as those for education, medical care, or special loans.

Receiving public assistance benefits.

Employment Benefits

Obtaining insurance benefits through a spouse's employer.

Taking family leave to care for your spouse during an illness.

Receiving wages, workers' compensation, and retirement plan benefits for a deceased spouse.

Taking bereavement leave if your spouse or one of your spouse’s close relatives dies.

Medical Benefits

Visiting your spouse in a hospital intensive care unit or during restricted visiting hours in other parts of a medical facility.

Making medical decisions for your spouse if he or she becomes incapacitated and unable to express wishes for treatment.

Death Benefits

Consenting to after-death examinations and procedures.

Making burial or other final arrangements.

Family Benefits

Filing for stepparent or joint adoption.

Applying for joint foster care rights.

Receiving equitable division of property if you divorce.

Receiving spousal or child support, child custody, and visitation if you divorce.

Housing Benefits

Living in neighborhoods zoned for "families only."

Automatically renewing leases signed by your spouse.

Consumer Benefits

Receiving family rates for health, homeowners', auto, and other types of insurance.

Receiving tuition discounts and permission to use school facilities.

Other consumer discounts and incentives offered only to married couples or families.

Other Legal Benefits and Protections

Suing a third person for wrongful death of your spouse and loss of consortium (loss of intimacy).

Suing a third person for offenses that interfere with the success of your marriage, such as alienation of affection and criminal conversation (these laws are available in only a few states).

Claiming the marital communications privilege, which means a court can’t force you to disclose the contents of confidential communications between you and your spouse during your marriage.

Receiving crime victims' recovery benefits if your spouse is the victim of a crime.

Obtaining domestic violence protection orders.

Obtaining immigration and residency benefits for noncitizen spouse.

Visiting rights in jails and other places where visitors are restricted to immediate family.

 

[Tank]

Homosexuality and hetrosexuality are not equal, why should they be treated as such?