Disability Planning

William L. E. Dussault (Dussault Law Group, Seattle, Washington) has recently published his articled entitled Planning for Disability, 33 ACTEC J. 42 (2007). 

Here is the author’s description of the article:

It is the purpose of this article to emphasize the need for, and method of, estate and personal planning for persons whose family members include persons who may be disabled. Basic special needs trust planning has become somewhat commonplace over the last 20 years. This article will review concerns that relate to testamentary and inter vivos planning for families with handicapped children. It will also expand the topic to include appropriate and necessary planning for the likelihood of late onset disability of a spouse or parent. This article will also review planning for the individual who has a disability and who receives funds during adulthood, when eligibility for publicly supported programs and services can be critically important. Finally, the article will offer some more sophisticated approaches that coordinate transfer tax strategies with disability planning.