Preparing for the possibility of incapacity is the most overlooked component of estate planning. While many people think about estate planning in the event of death, just a tiny fraction think about disability planning. In the client’s opinion, disability planning should be the more important part of estate planning, both because it directly benefits the client and because the likelihood of becoming disabled in the next year outnumbers the likelihood of dying in that period until a person is well past retirement age.

Making Disabilities Provisions

The client’s advisory team might continue to help them manage their assets and provide for themselves and their dependents.

Disability Planning

Disability planning is required when a client is mentally incompetent to the degree of being unable to make business or personal care decisions or physically disabled to the point of being unable to communicate instructions for the management of their affairs. A person is judged incompetent when a medical practitioner concludes that they lack the mental ability to make business or personal care decisions.

Incompetence occurs when a court judges that a person is legally incapable of making commercial or personal care decisions. When someone is ruled incapable, the court may take away their ability to make personal and business decisions and appoint someone else to do so under the court’s supervision. The Windsor law firm can provide you with the security you need for your future.

Life Probate

Probate is often conceived of as a legal process for transferring assets from the name of a deceased individual to the beneficiary or heirs. A “live probate” is a special kind of probate court hearing.

Living probate is given to someone who is suspected of being mentally ill and unable to manage their affairs. Someone files a case in probate court against them, requesting that the judge take away their ability to make medical and/or commercial decisions and give it to someone else. It’s a pricey process in which the person accused of incompetence pays the lawyers for both parties.

If a person is deemed incapable of handling their business activities and there are commercial issues to be handled, the court will appoint a guardian or conservator. The guardian or conservator will be expected to post a bond to protect the estate from theft or mismanagement, as well as present a detailed accounting to the court on a regular basis for auditing. It is a wise decision to meet an elder care attorney CT to help you with your future plans.


Even though incapacity before death is uncommon, it should be fully addressed. Advisors should approach disability planning similarly to estate planning, stressing to their clients the need of planning for the future as well as the hereafter. Working collaboratively with all wealth planning professionals is the best method to prepare consumers. Having a clear understanding of each other’s roles and a tight relationship with the client is crucial during the planning stages, the client’s disability, and after the client’s death.


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