Alternatives to marriage in North Carolina

My partner and I are considering not entering into a legal marriage agreement before the next administration, since we’re gay and live in a southern state that will likely embrace Project 2025. What other legal documents would be good to have instead that would allow us the important marital rights, such as allowing each other into family-only hospital rooms? Also, are there any other documents that would protect us from testifying against each other in court? I’m mostly interested in ensuring we have access to each other’s medical records or hospital visitation in case of emergency. My partner is already a beneficiary on my life insurance. Any other documents we could sign that would not flag us as LGBT?

Get a durable power of attorney and plan your estate. There are a few options, so you need to speak with an attorney with estate planning experience.

I’m so sorry you are facing this. You really shouldn’t have to. Even if you get married now, it could be voided in less than 100 days. Look into getting a will, an advance directive, and a medical power of attorney. Your best bet is to meet with a probate and trust attorney. Avvo is a great resource.

This makes no sense. Get married legally NOW; you’d have a better chance of being grandfathered in.

What we’re worried about is being targeted for being gay, which could be more likely with a marriage license.

It might be best to get married now. If things change, you may be grandfathered in. Consider a financial and medical power of attorney, disposition of remains, estate documents, will, and trust if necessary. Joint ownership for all property is also a good idea.

I suggest getting married. There might be a grandfather clause if same-sex marriage gets revoked. It’s important to enjoy your lives now while you can.

I’m so sorry you don’t feel safe enough to get married. I hope you do someday.

Look into a medical power of attorney. Hospitals usually allow patients to choose their visitors unless incapacitated, and that power of attorney will grant access to health records. No documentation exists to prevent testifying against each other, so hopefully you won’t need that.