Colorado Approves ‘Marriage Lite’: Designated Beneficiary Agreement Act
Colorado governor Bill Ritter has signed House Bill 1260, the Designated Beneficiary Agreement Act, a bill allowing same-sex couples to obtain some of the legal rights of marriage. Though the Act falls short of a few of the rights married couples or those in a civil union would receive, it provides many important legal recognitions, including inheritance, the ability to make medical decisions, and hospital visitation rights.
The Act goes into effect on July 1, 2009 and permits two unmarried adults to designate each other as beneficiaries through a single form. Previously, many of the rights under the Act were available contractually through such legal documents as wills and powers of attorney, but these rights are now available without the additional cost of a lawyer. The Act has also added several rights not previously available under Colorado law, such as the ability to file a wrongful death lawsuit on a partner's behalf.
The Colorado state legislature previously failed to approve of civil unions for same-sex partners in 2006, the same year voters passed a Constitutional amendment defining marriage as between one man and one woman.
The full list of rights provided by the Designated Beneficiary Agreement Act entitles couples to:
- Certain financial protections regarding ownership of real
and personal property- Be a proxy decision-maker or a surrogate decision-maker to make other medical decisions for the other designated beneficiary
- Be a conservator or guardian for the other designated beneficiary
- Be treated as a beneficiary under the other designated beneficiary's benefits for life insurance
- Be treated as a dependent under the other designated beneficiary's benefits for health insurance if the designated beneficiary's employer elects to provide coverage to designated beneficiaries
- Have the right to visit the other designated beneficiary in the hospital or in a nursing home
- Inherit through intestate succession upon the death of the other designated beneficiary
- Have standing to sue for wrongful death of the other designated beneficiary
- Act as an agent to make, revoke, or object to anatomical gifts involving the other designated beneficiary
- Direct the disposition of the other designated beneficiary's last remains
You can view the full text of the act here [pdf].
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