Life is unpredictable. Having a plan in place for who can step in and make decisions for you, whether due to illness, injury, or unexpected circumstances, can offer real peace of mind. For LGBTQ+ individuals and families, these protections can be even more important. A power of attorney (POA) ensures that the people you trust most can act on your behalf, especially in situations where the law might not automatically recognize your relationships.
At OC Wills & Trust Attorneys, we help you create the documents that make your wishes clear and legally enforceable. Whether you’re single, partnered, married, or part of a chosen family, we’ll guide you in putting strong protections in place.
What Is a Power of Attorney?
A power of attorney is a legal document that allows someone else—your chosen agent—to make decisions on your behalf. Depending on how it’s written, this can include handling finances, making medical decisions, or both.
There are two common types:
- Financial Power of Attorney: Gives someone authority over money matters, like paying bills, managing real estate, or accessing bank accounts.
- Health Care Power of Attorney: Also known as a health care proxy or agent, this lets someone make medical decisions for you if you’re unable to do so.
You can use a POA temporarily or as part of your long-term estate plan. Either way, it gives someone you trust the legal authority to act when needed.
Why LGBTQ+ Individuals Should Consider a POA
Even in California, where LGBTQ+ rights are recognized and protected under state law, challenges still come up, especially if your relationship isn’t legally formalized. Hospitals, banks, or third parties may deny access or refuse to recognize your partner or chosen family member unless there is a legal document in place.
A POA helps prevent those situations. It puts your wishes into writing and ensures that the person you trust can step in without delay. This is especially important if:
- You’re not married or in a registered domestic partnership.
- You have strained relationships with biological family members.
- You want a trusted friend, rather than a relative, to manage your care or finances.
We’ve seen what happens when someone doesn’t have these protections. A longtime partner might be left out of critical decisions. Family conflict can take over. These are situations you can avoid with the right planning.
Types of Powers of Attorney to Consider
There’s no one-size-fits-all approach when it comes to powers of attorney. The right documents for you will depend on your situation, your relationships, and the kinds of decisions you want others to be able to make on your behalf. Here are the most common options:
Durable Power of Attorney for Finances
A durable power of attorney allows someone to manage your financial affairs if you’re unable to do so. It remains in effect even if you become incapacitated.
Health Care Power of Attorney
This document names someone to make medical decisions for you if you can’t speak for yourself. It often works as a part of an advance health care directive, which outlines your medical preferences in writing.
Springing Power of Attorney
This type of power of attorney only takes effect if a specific event occurs, typically when a doctor determines that you can no longer make decisions for yourself.
Each of these options offers flexibility. We’ll help you choose the approach that fits your needs best.
Choosing the Right Agent
Your agent should be someone you trust—someone who understands your values and will follow your instructions. That person could be your spouse, your partner, a sibling, or a close friend. What matters most is that they’re willing and able to take on the responsibility.
It’s also a good idea to have an honest conversation with them ahead of time. Let them know how you’d like things handled, and make sure they feel comfortable serving in that role. You can also name alternate agents in case your first choice isn’t available.
How We Help LGBTQ+ Clients Plan with Confidence
At OC Wills & Trust Attorneys, we take the time to understand who matters to you and how you want decisions to be made. We create powers of attorney and other estate planning documents that reflect your relationships, protect your choices, and provide clarity for those around you.
We understand how important it is to feel recognized and respected when discussing your future. Our office provides a supportive environment where you can plan without judgment or assumptions.
Contact Our Experienced Orange County LGBTQ+ Estate Planning Attorneys
Whether you’re building a life with someone or simply want to make sure your chosen family can step in during a crisis, a power of attorney is one of the simplest and most effective tools you can have.
We’re here to help you take that step. Contact OC Wills & Trust Attorneys to schedule a consultation and start building a plan that puts your wishes first.
With offices in Irvine, Huntington Beach, and Anaheim, OC Wills & Trust Attorneys also serves clients throughout Southern California, including Mission Viejo, Huntington Beach, Costa Mesa, Seal Beach, Long Beach, Fountain Valley, Newport Beach, and the greater Orange County area.
