Estate Planning and Disabled Adults

Thomas A. Pasquesi (Pasquesi Associates, PC, Lake Bluff, Illinois) has recently published his article entitled Estate Planning for Disabled Adults: The Legal Framework, 94 Ill. B.J. 242 (2006).

Here is the introduction to this article:

Estate planning for disabled – i.e., mentally incompetent – adults is more important than ever. An increasingly wealthy population has heightened demand for complex estate-planning alternatives, and dramatic extensions of life expectancies raise the likelihood and length of disability before death.

We also face increasing federal and state tax uncertainties – rates, exemptions, and the risks and benefits of pursuing various deferral and avoidance techniques. Also, the growth of serial marriages leads to complex family situa tions and, inevitably, the risk of more disputes.

Guardians and the lawyers who advise them play a central role in estate planning for disabled adults. This article reviews the Illinois case and statutory law that defines the guardian’s power to make decisions for the ward and offers suggestions for guardians and their counsel.