Transitioning may be a personal and private matter; however, there are important legal implications to consider so that documents match up correctly. Your name and pronouns need to be consistent to prevent unnecessary legal hassles.
For clarification, describing a person as transgender refers to someone whose gender identity (the internal sense of gender) does not match the biological sex listed at birth. This is opposed to someone described as cisgender, which is someone whose gender identity does match the biological sex identified at birth. It is also opposed to those who identify as non-binary which means they do not identify with any specific gender.
Estate planning attorneys representing transgender individuals should consider the information confidential except to the extent the transgender person chooses to disclose it. When a transgender person undergoes medical interventions, that is also a private matter, unless it is disclosed by the announcement of a new name and gender identity. When this occurs, a formal name change petition must be filed in the probate court. Parents of minor children can initiate this on the child’s behalf. Once the petition is approved by the court, several documents must be updated to reflect the correct name and pronouns.
Updating Your Maryland Birth Certificate
If you were born in Maryland, you can change both the name and the gender marker on your birth certificate, and your old name and/or gender will not be shown on your new birth certificate.
Name: To change your name on your birth certificate, you will need to submit a court order changing your name.
Gender Marker: To change your gender marker on your birth certificate, you will need to submit an application signed by you and a statement signed by a physician, psychologist, nurse or social worker to certify that you have undergone surgical, hormonal or other treatment for gender transition. No proof of surgery and no court order is needed to change the gender marker on your Maryland birth certificate.
Make Sure All Documents are Consistent
With your court ordered name change documents, you can update your driver’s license, passport, social security card, voter registration card and all financial documents.
Update Your Estate Planning Documents
Transgender individuals need to consider the following three issues when updating estate plans:
1. Consistency of Name and Pronouns
Making sure the correct legal name and appropriate pronouns are used throughout all estate planning documents prevents confusion in the future. Some transgender individuals will choose he/him or she/her pronouns but it is also becoming increasingly common to choose they/them. Using ‘they’ as a singular pronoun has evolved in the English language to avoid excessive repetition of she or he and providing a gender-neutral option. When drafting estate planning documents the attorney will need to clarify any pronoun references that can be confusing or ambiguous. Each time ‘they’ is used, the pronoun should clearly refer to the proper antecedent and if ‘they’ could refer to two or more antecedent nouns, the sentence should be reconstructed or a specific named used rather than a pronoun.
2. Selecting Appropriate Agents
Part of a comprehensive estate plan includes selecting a trusted individual to serve as a healthcare agent under a healthcare power of attorney and/or a financial agent under a general power of attorney. For many transgender individuals, there may be family members who do not respect their choices. Having agents that will carry out the principal’s wishes is imperative. Choosing the right agents is a big decision.
3. Making a List of Inappropriate Fiduciaries
Another consideration to keep in mind is making a list of family members who do not recognize and respect the gender identity wishes so that these individuals never end up serving as fiduciaries or guardians.
Selecting the right estate planning attorney can make a huge difference in protecting your interests and serving as your strongest advocate. For more information on estate planning that takes into account the unique circumstances around transitioning, contact the knowledgeable and compassionate attorneys at Stouffer Legal in the Greater Baltimore area. You can schedule an appointment by calling us at (443) 470-3599, emailing us at office@stoufferlegal.com, or you can register for an upcoming webinar below:
https://attendee.gotowebinar.com/register/1598629849398368267
https://attendee.gotowebinar.com/register/8475250447523686157
https://attendee.gotowebinar.com/register/2502310759976833547
