Planning for Clients With Neurologic Conditions

Every estate planner must address the challenges of aging and disability.  To best address client needs, practitioners should understand the incidence and nature of the challenges that aging and disease can create.  Not only should legal documents be tailored to meet a client’s specific challenges, but the planning team must also educate clients to take practical steps to implement the planning. 

Brain disease is prevalent and diverse among Americans and neurologic conditions can result in a wide range of possible physical and cognitive symptoms.  These conditions and symptoms could affect clients, and in turn, the planning steps that should be considered.  Practitioners should begin discussing these matters with their clients and apply their expertise to help affected clients as they face their own obstacles. 

For example, clients who suffer from multiple sclerosis are often concerned about the potential for an exacerbation.  If the client has experienced sporadic exacerbations, a springing provision in a durable power of attorney and a disability clause for the client serving as a trustee or co-trustee of his own revocable living trust should be tailored to reflect these circumstances. 

See Martin M. Shenkman, How Neurologic Conditions Affect Planning, Wealth Management, June 24, 2014. 

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.