Protection for Non-Traditional Families in an Uncertain Legal Climate

A second Trump presidency has reignited legitimate fears for members of the LGBTQ community. With federal agencies already rolling back protections and targeting the identity of trans Americans, including passport gender changes, many families feel the ground shifting beneath their feet. When rights once guaranteed can vanish overnight, the most immediate way to respond is to get your legal house in order. For LGBTQ individuals and couples, that means securing documents that confirm your rights and identity, preserve your dignity, and protect your loved ones, no matter what happens next.

Estate Planning Documents to Protect Your Rights and Your Family

If you're in a committed relationship but not legally married, Georgia law won't automatically recognize your partner in the event of your incapacity or death. While getting legally married is one step you can take, you may not be ready or able to do that right now. So, it’s important to consider alternatives to protect yourself and your loved ones.

Without proactive planning, your assets could go to biological family members instead of your chosen family. The same goes for decisions about your healthcare or finances. Without legal documentation, your partner or loved ones may be shut out entirely. You don’t have to be wealthy to need an estate plan; you just have to care about what happens to the people you love.

Living Will

A living will puts your wishes in writing if you become seriously ill or incapacitated. It lets you state clearly what types of medical care you do or do not want, removing that burden from your partner or family and ensuring your preferences are respected. Without it, the state or distant relatives who don’t have your best interests at heart might make those decisions instead.

Advance Directive for Health Care

This document goes hand in hand with a living will but adds another layer: it authorizes your chosen person to speak with your doctors and make healthcare decisions if you’re unable to do so yourself. In Georgia, without this directive, the decision-making chain might exclude your partner entirely. It’s a simple but essential way to make sure the person who knows you best is advocating for you.

Statutory Financial Power of Attorney

This document allows you to name someone (often your partner) to make financial decisions for you if you can’t. That includes managing accounts, paying bills, and handling business matters. If you’re not married, your partner likely won’t have this authority unless you’ve taken the time to name them legally.

Trusts (Especially for Families with Children)

If you have children, especially in situations involving assisted reproduction, surrogacy, or a biological tie to only one parent, setting up a trust ensures that your assets pass to them in the way you intend. A trust can specify how your children are provided for, who manages their inheritance, and what happens if both you and your partner become incapacitated or pass away. If you're not legally recognized as a parent, intestacy laws won’t help you. Rather, they’ll prioritize blood relatives, even when that’s not what your child needs most.

In short: estate planning isn’t just for the aging or the wealthy. It’s how you ensure your partner can stay in your shared home. It’s how you keep your children protected. It’s how you stay in control, even when everything else feels uncertain.

Protect Yourself, Your Identity, and Your Family

The law may not always honor your truth unless you take the steps to write it down. These documents protect assets and preserve relationships, protect your legacy, and affirm who you are. Don’t wait for policies to shift further. Contact LT Fobi Law today and get the legal documents in place that protect everything you’ve built from times of uncertainty.