In times of emergency, you may be unable to make medical decisions or state who you want to visit you. In these situations, hospitals may restrict visitation rights to a narrow interpretation of family that excludes those not legally or biologically related to the patient. Similarly, state laws around medical decision-making often limit these rights to a patient’s legal or biological family members when no documentation designates a surrogate decision-maker. Regardless of your marital status, you can designate a person of your choice to make medical decisions for you if you cannot. See below for resources to help you do this.
In times of emergency, you may be unable to make medical decisions or state who you want to visit you. In these situations, hospitals may restrict visitation rights to a narrow interpretation of family that excludes those not legally or biologically related to the patient (read our Hospital Visitation Guide for LGBTQ+ Families for more information on your visitation rights). Similarly, state laws around medical decision-making often limit these rights to a patient’s legal or biological family members when no documentation designates a surrogate decision-maker.
The LGBTQ+ community needs to take steps to ensure that the people we choose may visit us and make medical decisions on our behalf in times of emergency.
Download Tools for Protecting Your Health Care Wishes from Lambda Legal [PDF]
This document from Lambda Legal defines terms related to decision making in healthcare settings and answers FAQs for LGBTQ+ community members looking to protect their rights.
This resource from Caring Connections, a program of the National Hospice and Palliative Care Organization (NHPCO), directs you to your state's advance directives forms.
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