Registered Domestic Partnerships
The State of California grants domestic partners who have registered with the Secretary of State all of the rights and responsibilities of spouses under California law. Although these rights are not all inclusive and are not currently recognized by the federal government, domestic partners who choose to register (RDPs) are afforded a measure of protection that would otherwise be unavailable to them. With this protection comes additional responsibilities as well.
Examples of the rights of registered domestic partners include the following:
healthcare benefits and sick leave
hospital visitation privileges
medical decision making authority
protection from acceleration of mortgage debt at dissolution or death
no reassessment of real property upon transfers between RDPs
authority to act on behalf of a partner in many circumstances
RDPs assume legal and financial responsibility for each other, are entitled to community property rights and are also now required when terminating their relationships to do so officially, which for most couples will be through the superior court in “divorce” or dissolution proceedings. Beginning in 2007, RDPs will be required to file California state income tax returns as married couples — either separately or jointly.
Unfortunately, these rights (but not the responsibilities) end at the state line unless a couple is traveling in the state of Vermont or Connecticut — both of which have similar statutes to California’s and recognize California’s registered domestic partnership laws. Despite California’s tremendous attempt to — in the words of the preamble to AB205 — “provide all caring and committed couples, regardless of their sex or sexual orientation, the opportunity to obtain essential rights and to assume corresponding responsibilities, and to further the state’s compelling interests in promoting stable and lasting family relationships in this state by affording comprehensive protections under state law,” registration is not for everyone. The lack of federal recognition and uncertainty around the intersection of the state and federal law coupled with the unfamiliarity of some LGBT couples with some of the rights and responsibilities make registration unattractive to some; for others it is a wonderful opportunity to legalize their relationships.
Whether registered or not, all couples should have in place current advanced health care directives, healthcare information releases, hospital visitation authorization forms and durable powers of attorney. If a partner wants to avoid probate or has real property or other assets that will need to be managed for his or her benefit during any period of incapacity, a living trust is probably in order. Anyone who wants to make his or her own plans about where assets go after death should consult an estate planning lawyer familiar with the issues affecting LGBT couples. The State of California has an estate plan for you, but it may not be your plan.