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Transgender individuals have many reasons to be concerned about their welfare in the current political and legislative climate. Transgender elders are especially vulnerable. They are more likely to be disabled than the general elder population. Moreover, transgender elders profoundly fear a future when they must rely on others to maintain and protect their gender identity and dignity. This fear is alarmingly realistic because if a transgender elder becomes incapacitated or requires institutional care, they are likely to face discrimination and other harms by their caretakers. In addition, transgender elders who are incapacitated are particularly at-risk if a non-affirming guardian is appointed to make decisions for them. Before the courts become involved, transgender individuals can take steps, described in this Article, to protect themselves from an unsuitable surrogate. If a court becomes involved, there are actions it can take to ensure that a transgender person is served by a surrogate who will protect their health, welfare, and identity.

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Yale Journal of Law & Feminism





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LGBT, LGBTQ, Transgender



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