Five Options for Deciding When You Are Disabled in Your Living Trust

When creating your estate plan, you should try to plan for many different scenarios. One such example involves planning for a possible disability. If you become disabled and can no longer manager your own affairs, your estate plan can include provisions that allow someone that you trust to quickly step in and take control. The question then becomes, who decides when you are disabled? There are several options available to you.

Options for Determining a Disability

Often, many of the provisions relating to a possible disability will be addressed in your living trust. Your attorney will help you to create a document that best suits your needs. With regard to determining disability, you have many options, including the following:

  1. Include a provision that states your primary care physician can make the determination for a disability at his discretion.
  2. Include a provision that appoints a committee of people who, together, make a determination of disability. The members of this committee could include the trustee, the primary care physician, the surviving spouse, or other trusted advisors.
  3. Include a provision that states that disability can only be determined by the appropriate court in Orange County.
  4. Include a provision that calls for multiple physicians to agree, in writing, that you are disabled.
  5. Include a provision that allows your spouse or trustee to make the call about disability.

With so many options, it is important to seek guidance from an experienced professional as you create your estate plan. Our attorneys have helped many clients create estate plans that are right for their families. We encourage you to view our client testimonials page today to learn more.

James F. Roberts
Founder and owner of the Law Office of James F. Roberts and Associates, a premiere estate planning law firm
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