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New Law Wednesday

by: ThillyWabbit

Wed Jul 01, 2009 at 07:58:51 AM MDT

It's July 1st, and you know what that means.

New laws take effect making it legal to collect rainwater, implementing the hard-fought FASTER bill that raises vehicle registration fees to pay for roads, and Governor Bill Ritter's bill that will raise hospital fees to pump more money into Medicaid, thereby scoring more federal matching funds.

But most interesting to me is the Designated Beneficiary law, which will allow same-sex couples (among others) to inexpensively establish a legal arrangement ensuring one partner will receive the other's belongings when they die, make medical decisions in the case he or she is incapacitated, and inherit workers compensation death benefits should a partner die on the job.

Today State Sen. Pat Steadman and State Rep. Mark Ferrandino are holding a press event highlighting the new law (received by e-mail):

ThillyWabbit :: New Law Wednesday

MEDIA ADVISORY:
For press conference today
Couples and Supporters of Designated Beneficiaries Gather to File Agreements and Celebrate New Law
For Immediate Release
July 1, 2009
Contact:
Heather Draper
Communications and Marketing Manager
GLBT Community Center of Colorado
303.733.7433, x 101
303.847.7152 (cell)
What: News conference and celebration of new Designated Beneficiaries Law
When: Today (July 1), 9 a.m. reception, 10 a.m. news conference
Where: Atrium of the Wellington E. Webb Building, 14th Street and Colfax
Who: Speakers Debra "Liz" Gettings and Patricia Vivien Yarrow, a couple who will talk about how the new law will help ensure their wishes are carried out; Stephanie O'Malley, Denver County Clerk and Recorder; Lucia Guzman, executive director of the Denver Agency for Human Rights and Community Relations; and Sen. Pat Steadman, who helped guide the bill through the legislative process.
Also in attendance will be: Rep. Mark Ferrandino, sponsor of the Designated Beneficiaries bill, representatives from some of the more than 30 organizations that supported the legislation; and couples who are filing their Designated Beneficiary Agreements immediately following the event.
Why: Designated Beneficiary Agreements provide a new tool for estate planning, giving Coloradans access to a low-cost and convenient method for making plans for end-of-life decisions, inheritance, and other protections related to health care and medical emergencies.

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New Law Wednesday | 15 comments

But I can still Text & Drive until October, right?

I hope so, I am writing my next diary right now as I negotiate Red Mnt. Pass...

"Yes Twitty, I'm an idiot." Ben Stein's $$

by: ClubTwitty @ Wed Jul 01, 2009 at 09:02:48 AM CDT

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I assume they will also be getting <strike>hitched</strike>designated as well

Non impediti ratione cogitationis.

"Some of the people that wanted to engage me in conversation appeared to have been the losers in the 'Are you smarter than Michele Bachmann contest?'." --Rep. Barney Frank

by: ThillyWabbit @ Wed Jul 01, 2009 at 09:05:08 AM CDT

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Anyone know...

What benefits a married couple would have that this new "designated beneficiary" law doesn't provide?

by: Jeff Bridges @ Wed Jul 01, 2009 at 10:52:38 AM CDT

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Mostly federal

No joint income tax filing, no Social Security benefits, and it still depends on your employer whether you can add an unmarried partner to health coverage. There are some other legal relationships you can't designate or set in a contract but that exist between married couples -- for instance, can't be forced to testify against each other.

by: RedGreen @ Wed Jul 01, 2009 at 11:39:18 AM CDT

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One I's like to see is tax equity for businesses that offer same sex partner benefits

This would force the GOP to either oppose tax cuts or support gay partner benefit equity.

by: Danny the Red (hair) @ Wed Jul 01, 2009 at 15:36:18 PM CDT

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It might even force Republicans

to have sex with the same partner.

Oops, did I read that wrong?

When I use lots of words, they always form an analysis (and, while producing high volume, also produce high information-density).
--Steve Harvey, 2009

by: Ralphie @ Wed Jul 01, 2009 at 16:28:24 PM CDT

[ Parent ]

Many

1,100 federal benefits plus many at the state level, not the least of which is filing taxes jointly.

Designated beneficiary agreements do not provide for combined assets, nor is there any provision for divorce. You can cancel the agreement, but that's basically akin to changing the non-spouse beneficiary on your life insurance or 401(k). A married person has a legal claim against the joint future income in case the couple divorces, which is why we have things like alimony happen. There is no such provision in the designated beneficiary agreement law.

There is also no public recognition. It gets filed like a real estate contract. It will not show up in any vital statistics summaries.

Non impediti ratione cogitationis.

"Some of the people that wanted to engage me in conversation appeared to have been the losers in the 'Are you smarter than Michele Bachmann contest?'." --Rep. Barney Frank

by: ThillyWabbit @ Wed Jul 01, 2009 at 12:30:54 PM CDT

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Basically it's a probate tool

Most of the benefits apply after one of the beneficiaries dies

Non impediti ratione cogitationis.

"Some of the people that wanted to engage me in conversation appeared to have been the losers in the 'Are you smarter than Michele Bachmann contest?'." --Rep. Barney Frank

by: ThillyWabbit @ Wed Jul 01, 2009 at 12:32:28 PM CDT

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Or becomes infirm or incapacitated

Let's not diminish the benefits available under the new law, but you're absolutely right, it's far short of the benefits a married couple enjoy.

by: RedGreen @ Wed Jul 01, 2009 at 13:19:22 PM CDT

[ Parent ]

The medical decisions aspect will be very helpful

to senior couples who don't want to marry because of social security and other financial concerns. Both of my parents have partners to whom they are not legally married (they've been divorced from one another for about 45 years and each has been married and widowed in the intervening years) and this will be very helpful for them, particularly my father whose significant other has a very unstable son with mental illness issues who doesn't like him much. Now he and his wife-in-all-but-name of the past 12 years can make sure he has the right to be by her side and be designated to make decisions.

by: BlueCat @ Wed Jul 01, 2009 at 13:25:14 PM CDT

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Proud to be Designated, Protected

Of all the legislation I've worked on over the years, seeing the new Designated Beneficiaries law take effect was one of my proudest moments. Big thanks to Rep. Ferrandino and Sen. Veiga for sponsoring the law and to all those who helped craft its provisions. This is far from equality, but a major step forward in providing pragmatic protections for the real life events that couples must face. Glad to see that so many people are aware of the new law and its strengths and limitations - find out more at http://www.designatedbeneficia...

by: pat steadman @ Wed Jul 01, 2009 at 15:25:19 PM CDT

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And it gets us closer to marriage equality

Kudos to you and all involved - these steps are what is getting us closer to the day we have true equal rights for all.

Amazon tax? Bad Idea!

by: DavidThi808 @ Wed Jul 01, 2009 at 21:49:34 PM CDT

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beneficiary and etc are more important- but

just to be clear the law change doesn't allow all of us to catch rain water. It's specific and mostly rural and far exurban.

But it applies equally across sexual and gender preference.

by: MADCO @ Wed Jul 01, 2009 at 23:04:02 PM CDT

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So true

Same-sex couples also have to pay the exorbitant late fees at the DMV. But they can also stay up all night betting $100 limits at the casinos, just like straight couples.

by: RedGreen @ Thu Jul 02, 2009 at 00:17:39 AM CDT

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ROFL

Non impediti ratione cogitationis.

"Some of the people that wanted to engage me in conversation appeared to have been the losers in the 'Are you smarter than Michele Bachmann contest?'." --Rep. Barney Frank

by: ThillyWabbit @ Thu Jul 02, 2009 at 09:10:11 AM CDT

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New Law Wednesday | 15 comments