A new program offered by Seniors First BC and QMUNITY provides legal clinics to help 2SLGBTQIA+ seniors create advance planning documents to ensure their rights and wishes are abided by during critical illness or death. Staff lawyers and volunteer legal professionals will help eligible low-income older adults (55+) draft and execute wills, powers of attorney and representation agreements.
Why Advance Plans are Needed
As discussed in our May 2024 post on advance care plans, the wishes of 2SLGBTQIA+ seniors at end-of-life or with critical illness are often overridden by biological family members. Homophobic, transphobic or uninformed healthcare practitioners may also create more trauma than comfort during critical or end-of-life care.
Advance planning allows people to exercise autonomy over their care, something few 2SLGBTQIA+ seniors have had historically. Advance planning documents include a Representation Agreement stipulating a substitute decision-maker to ensure they can get gender affirming and other appropriate care as they age. Healthcare providers should screen for chosen decision-makers, but that doesn’t always happen and can only be enforced with a representation agreement.
A Power of Attorney ensures loved ones are in place to care for them, especially if their family structure is chosen, as opposed to the natal family. Having a Will to care for the person’s loved ones and chosen family is also essential.
Much of this is new to the 2SLGBTQIA+ community. Many people over the age of 50 grew up fearing physical or psychological violence, job loss, difficulty renting homes, refusal of service in restaurants and shops, and more. One of the most tragic things this generation faced was the loss of so many friends to HIV/AIDS, resulting in fewer 2SLGBTQIA+ seniors.
“I’m really passionate about this clinic. We lost a lot of our older community in the past,” says Zack Uganac, a lawyer with Seniors First. “We see people who don’t want to go back [in the closet to receive respectful care]. Advance care planning will help people to remain connected to their communities as they age.”
Free Clinics
Seniors First BC and QMUNITY each offer various pro bono legal services, advocacy and education for older adults. After a needs assessment, the organizations recognized the need for advanced care planning education and services and saw an opportunity for partnership.
Funded by the Law Foundation of BC, the AP legal clinics will help 2SLGBTQIA+ seniors create the necessary Advance Care documents. The program is open to eligible low-income older adults 55+ and Indigenous people 45+ whose estates may otherwise fall under the Indian Act.
“We want to reach members of the community who may not have the resources to access legal services,” says Didi Dufresne, Director of Legal Services for QMUNITY. Applicants are means-tested.
The program launches in late March or early April 2025. Get more information or register for an Advance Planning Clinic.
See also:
- Systemic Elder Abuse: Is Your Organization Welcoming to LGBTQ2+ Seniors?
- Advance Care Planning for 2SLGBTQIA+ Seniors is Critical
- Transgender Seniors Fear Abuse in Care Facilities
Explore our website to learn more about BC CRN or connect with your local CRN for more information or resources.
