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LGBT Older Adults: Facing Legal Barriers to Taking Care of Loved Ones

September 2010 | Services & Advocacy for GLBT Elders (SAGE), Movement Advancement Project (MAP)

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LGBT older adults confront many challenges their heterosexual counterparts do not face. Some of the most unconscionable are laws that stand in the way of LGBT people taking care of those they love, in life and in death. LGBT people are not granted family or medical leave to take care of a sick or terminally ill partner under federal law and most state laws. Furthermore, LGBT people could be excluded from medical decision-making for a partner. Finally, upon the death of a partner, LGBT people are often denied making end-of-life decisions about last rites, funerals, and disposition of remains. One of eleven issue briefs based on the SAGE/MAP report Improving the Lives of LGBT Older Adults. Note: This publication was created before the June 2013 US Supreme Court decision overturning Section 3 of DOMA, so some information contained herein may no longer be applicable.



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