Essential Legal Health Care Documents Every Same-Sex Couple Should Have : Protecting your partner and your rights during life’s most critical moments

When it comes to medical emergencies or end-of-life decisions, having the right legal documents in place can make all the difference—especially for same-sex couples. While marriage equality has improved many legal protections, gaps and misunderstandings still exist in healthcare settings. That’s why having clear, legally recognized healthcare documents is essential.Here are the key legal healthcare documents every same-sex couple should consider:

1. Health Care Proxy (Medical Power of Attorney)

What it is: A health care proxy allows you to appoint someone (often your spouse or partner) to make medical decisions on your behalf if you're unable to do so.

Why it matters for same-sex couples: While a spouse typically has next-of-kin rights, it’s not always clear-cut—especially in states or hospitals where biases or outdated practices linger. A health care proxy leaves no room for ambiguity. Choose someone you trust implicitly, and make sure they understand your wishes.

2. Living Will (Advance Directive)

What it is: A living will outlines your preferences for end-of-life medical care, such as whether you want life support, feeding tubes, or resuscitation.

Why it matters for same-sex couples: Even if your partner is your proxy, they’ll likely face pressure from other family members or medical staff during emotional moments. A living will takes that pressure off by clearly stating your choices. Discuss your living will with your partner and your primary physician so everyone is on the same page.

3. HIPAA Authorization Form

What it is: This form allows healthcare providers to share your medical information with the person(s) you designate.

Why it matters for same-sex couples: Without a signed HIPAA release, your partner might be denied access to critical medical updates—even if you’re legally married. Keep a signed copy on file with your doctors and in your emergency go-bag.

4. Hospital Visitation Authorization (if unmarried)

What it is: A document stating that your partner has the right to visit you in the hospital.

Why it matters for same-sex couples: Although federal rules generally protect visitation rights, misunderstandings or institutional policies can still create barriers—especially for unmarried couples. While this is less commonly needed post-Obergefell v. Hodges, it’s still a good safeguard if you’re unmarried or traveling.

5. Durable Power of Attorney

What it is: This document gives your partner legal authority over financial and other non-medical matters if you become incapacitated.

Why it matters for same-sex couples: Healthcare events often intersect with financial ones. For example, your partner may need to access funds to pay medical bills or manage household responsibilities. This complements your healthcare documents and gives your partner comprehensive support powers.

6. DocuBank

What it is: A website that provides immediate online access to healthcare providers to all the above-documents. It also provides a wallet sized card with allergies, doctors, emergency contacts, etc.

Why it matters for same-sex couples: If you are in a hospital or state that may not recognize your relationship or marriage, this will provide them a legal basis to allow decision-making for spouses and loved ones.

We offer a one year membership included with our estate plans. But feel free to visit their website. This is not sponsored. I truly believe they are saving lives. https://www.docubank.com/

Finally

Even in a post-marriage-equality world, paperwork is power. Don’t assume that being married—or even being together for decades—automatically grants you the right to act on your partner’s behalf in a medical crisis. Take the time now to protect each other. Work with Adelman Bodner, an LGBTQ-friendly firm to get these documents drafted, signed, and stored securely. You’ll gain peace of mind knowing that your relationship—and your rights—are fully protected, no matter what life throws your way.