What can LGTBQ+ partners do to legally protect themselves in Colorado?
Same-sex and LGTBQ+ couples in Colorado can take various legal steps to protect themselves and their relationship. While Colorado recognizes same-sex marriages, it is important to consider additional measures to ensure comprehensive legal protection. Here are some actions that same-sex couples can take:
Marriage: Same-sex couples can legally marry in Colorado. Marriage provides numerous legal rights and protections, including inheritance rights, spousal benefits, healthcare decision-making authority, and more. By getting married, same-sex couples can avail themselves of the same legal benefits and protections as opposite-sex couples.
Domestic partnership or cohabitation agreement: Unmarried same-sex couples can create a domestic partnership or cohabitation agreement to establish their rights and obligations within the relationship. These agreements can address issues such as property ownership, financial arrangements, division of assets in case of separation, and more. It is advisable to consult with a family law attorney to draft a comprehensive agreement tailored to the couple's specific needs.
Parental rights: For same-sex couples with children, it is crucial to establish legal parentage. This can be done through adoption, assisted reproductive technologies, or other recognized means. By legally establishing parentage, both parents can have enforceable rights and responsibilities, including custody, visitation, and child support.
Estate planning: Same-sex couples should engage in estate planning to ensure that their assets and healthcare decisions are protected. This can involve drafting wills, creating trusts, designating beneficiaries for life insurance policies and retirement accounts, and establishing powers of attorney for healthcare and financial matters. Estate planning allows couples to determine how their assets will be distributed and who will make decisions on their behalf in case of incapacity or death.
Healthcare decision-making: To grant each other authority to make medical decisions in the event of incapacity, same-sex couples can execute medical powers of attorney or advance healthcare directives. These legal documents designate their partner as the healthcare agent and ensure that their wishes are respected.
Consultation with a family law attorney: It is highly recommended for same-sex couples to consult with a knowledgeable family law attorney in Colorado. An attorney can provide guidance on the specific legal steps that should be taken to protect the couple's rights and interests, based on their unique circumstances.
Taking these legal measures can provide same-sex couples with important protections and ensure that their wishes are honored. Consulting with an attorney who specializes in family law and LGBTQ+ issues can help same-sex couples navigate the legal landscape and create a comprehensive plan for their legal protection.
