Lasting Powers of Attorney and the Transgender community
Written by Claire Thompson | Wills, Trusts, Tax and Probate team |20 September 2023
The transgender community face many unique legal challenges. One challenge that you may face as a transgender person is ensuring that your financial and personal affairs are properly managed, taking into consideration your gender identity, in the event that you become unable to make decisions for yourself. A Lasting Power of Attorney (LPA) can be essential to ensure that your interests are protected, and your wishes heard.
An LPA is a legal document that allows you to appoint one or more people (known as attorneys) to make decisions on your behalf if you become unable to do so yourself. There are two types of LPA: one for financial decisions and one for health and welfare decisions.
Here are five reasons why you might need an LPA:
1. To protect your personal identity
As a transgender person you may face discrimination or abuse from others who do not respect your gender identity. If you become unable to make decisions for yourself, having an LPA can help to ensure your personal identity is protected and that decisions are made in your best interests.
2. Support for medical decisions
Transgender individuals often require medical care that is specific to their gender identity, such as hormone replacement therapy or gender confirmation surgery. An LPA for health and welfare can ensure that your attorneys are aware of your medical needs and can make decisions which align with your gender identity.
3. Management of finances
Transgender people may also face unique financial challenges, such as discrimination in the workplace or difficulties accessing financial services. An LPA for financial decisions can ensure your attorneys have legal authority to manage your finances on your behalf if you become unable to do so yourself.
4. Support for family and friends
Having an LPA in place can also provide peace of mind for your family and friends. If you become unable to make decisions for yourself, they may be left unsure of what to do or how to proceed and an LPA can provide clear guidance on who should make decisions on your behalf and how those decisions should be made
5. The same reasons as everybody else
Every person should consider the legal protections that can be put in place to ensure that their financial affairs and care are properly managed if they become unable to make a decision for themselves. LPAs are powerful tools that can provide peace of mind and legal protection for you for you.
If you are considering creating Lasting Powers of Attorney, our friendly and knowledgeable team will be happy to assist you. You can contact them via Wills, Trusts, Tax and Probate team by calling 01752 827067 or emailing wills@nash.co.uk.
