LGBTQIA+ Issues and Future Planning

It is critical that LGBTQIA+ people appoint an attorney who will respect their sexuality and/or gender identity when making any future decisions for them.

LGBTQIA+ People and Enduring Power of Attorney

LGBTQIA+ individuals may encounter specific challenges when making future planning arrangements. Discrimination faced during their lifetime can make decisions regarding housing, aged care, and health services particularly daunting.

Issues of acceptance and respect can arise. An LGBTQIA+ person might not have family members who recognize their same-sex partners as next of kin or as decision-makers if they lose capacity. Similarly, families may not accept a person's chosen gender identity, potentially leading to estrangement.

Without future planning documents, decision-making control could fall to individuals who do not align with the person's wishes or values. Therefore, it is crucial for LGBTQIA+ individuals to appoint an attorney who respects their sexuality and/or gender identity and is willing to seek out LGBTQIA+-friendly services.

Finding Legal Assistance

Future planning is essential for everyone. While appointing an attorney is often straightforward, some individuals may require additional support due to various reasons.

Seeking legal advice can be beneficial for LGBTQIA+ individuals during future planning and when establishing an enduring power of attorney.

Each state has a law association offering a 'find a lawyer' search function. Visit the Law Council of Australia's website to locate the law association in your state or territory.
Some states have community legal centres specializing in LGBTQIA+ rights and services. A list can be found under 'Find legal help' on the Community Legal Centres Australia website.
For information on human rights, particularly if you believe you have experienced discrimination, further details can be found [here](https://www.humanrights.gov.au/).

A Helpful Guide

For comprehensive information on LGBTQIA+ matters, enduring and general powers of attorney, and other future planning aspects, consult 'Safeguarding the end of the rainbow'. This guide was produced in 2018 by the Council on the Ageing (COTA) Victoria and Transgender Victoria.

Safeguarding the end of the rainbow

This guide is tailored for older LGBTI community members and covers planning for future care, medical needs, finances, estate management, and funeral wishes. While some content is specific to Victoria, many topics are relevant to LGBTI individuals in other Australian states and territories.

More Information

Disclaimer: The information provided in this document is not a substitute for individual legal advice.

Find Resources at Compass.info

Compass.info offers resources on:

Introduction to enduring power of attorney
Future planning
Having 'capacity'
Being an attorney
Choosing an attorney
Your rights
Helpful terms
FAQs
Powers of attorney in each state and territory

Compass is an inclusive website designed to help all Australians navigate elder abuse, regardless of nationality, culture, or language.

Compass is an initiative of Elder Abuse Action Australia (EAAA) and is funded by the Attorney-General's Department.

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