Estate planning for special needs individuals

Oct 03, 2021

Planning for the future can be particularly complicated for Florida adults who have disabilities. When creating a meaningful estate plan for disabled and special needs individuals, it is helpful to work with a legal professional who can provide guidance and support at every step. With knowledgeable counsel, estate planning can result in a strategy that will provide protection for years to come.

What should be in the estate plan?

An individual with a mental disability may not have the capacity to make important legal and financial decisions. It will be necessary to first establish whether the individual is capable of navigating the estate planning process and making his or her own choices. To prove one has testamentary capacity, it will be necessary for that person to demonstrate an understanding of the matters at hand, including understanding his or her own finances, naming a next of kin and more.

If a person cannot do these things, it will not be possible for that individual to create a will. However, there are other estate planning documents that person can create that will provide protection, such as a power of attorney for finances and health care needs. The details of the individual situation will determine what options a disabled adult has and how he or she can make certain decisions for the future.

Experience and compassion

A Florida family wants to protect the interests of a disabled loved one by ensuring he or she has legal and financial security. Through estate planning efforts, it is possible to develop a strategy that will provide confidence and peace of mind. To understand how to move forward, it will help to seek an assessment of the individual situation by a legal professional.

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