LTC Protection Helps Same-Sex Couples Plan For The Worst

June 30, 2004 at 08:00 PM
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Because same-sex couples arent afforded the same legal protections as conventional married couples, their long term care insurance needs can be even more essential in financial planning, say advisors.

Like most other Americans, gay and lesbian couples are slow to accept the need for LTC insurance protection against one or both partners extended illness late in life, notes Erica Bell, an attorney with Weiss, Buell & Bell, New York, who often advises gay clients.

"Most couples are focused on other issues," she says.

Gay couples have the same financial planning needs as any other couple in many ways, notes Connie Cohrt, a financial advisor with Hornor Townsend & Kent, New York, a Penn Mutual Life Insurance Company agency.

"They have the same need for basic security, to love and be loved, and to make meaning of their lives," she says. "The difference is the American legal environment that treats same-sex partners and married couples differently."

Susan Wright, a principal of LTC Funding Group, LLC, St. Louis, says LTC insurance can be even more important for some gay and lesbian clients than for traditional couples.

"One partner could lose a home if the other needed long term care," Wright says. "A lot dont have family support and dont have children to help out if they fall ill."

Yet many have significant assets to protect, she adds.

Cohrt says her own same-sex partner would not be able to roll over her IRA plan assets tax free if Cohrt were to die, nor would she be entitled to her social security benefits, even though theyve been together almost 30 years.

That is why its important for same-sex couples to get as much insurance as they can afford while they are still qualified, including LTC, she advises.

Wright points out that gay and lesbian individuals may not feel comfortable in a traditional nursing home. That makes the home-care option offered in most LTC policies even more attractive to these clients.

"We present the option of long term care insurance, then, as a way for them to protect not only their savings but also their lifestyle," Wright says.

Although Medicaid will take care of the long term care needs of individuals who do not have private coverage, the government expects to recapture those assets upon the individuals death, Cohrt notes.

"A spouse can keep the house [upon a partners death], but if the couple is not legally married, there could be exposure for the surviving partner," she says.

But when planning for long term care, advisors should remember that insurance is not the only available option. In fact, as with married couples, one or both partners may not qualify for coverage or may not be able to afford it.

"Normally, Ill go in with the LTC insurance approach, but if they dont qualify, especially with someone in their mid-60s or older, they may be able to get the cash value of their life insurance, if thats an asset they no longer need," Wright says.

Then there are viatical settlements, where individuals can sell their policies to investors in return for an immediate cash payment, she points out.

"Years ago, the viatical industry had a black eye as a business that tended to prey on people who had HIV," she says. "But now advisors have come back to using viaticals more in planning. If someone truly needs money, they can make sense. A lot of financial planners are at least looking at them."

Wright says she works with a broker who can get several quotes from different viatical carries, so she can help the client get the best possible deal.

"Certainly for the same-sex couple you have to approach the need differently," she adds. "Often, the straight couples will have access to social security spousal benefits, even though we tell them not to fall back on that. But gay couples dont have that option. One partner could lose a home if the other needs long term care."

Increasingly, major LTC carriers have begun offering domestic partner discounts, she notes, including John Hancock Life Insurance Company, Boston; Prudential Financial Inc., Newark, N.J.; and GE Financial, Richmond, Va.

Agents dealing with gay and lesbian couples LTC needs should definitely look into such discounts with their own carriers, Wright says.

"Its an incentive to get both partners to apply for coverage."


Reproduced from National Underwriter Edition, July 1, 2004. Copyright 2004 by The National Underwriter Company in the serial publication. All rights reserved.Copyright in this article as an independent work may be held by the author.


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