What happens if a disabled or physically incapacitated person wants to have a Will, Trust or other estate document but is incapable of signing the instrument for his or herself? Does that mean that they're out of luck?
As with most questions under the law, the decision whether a person should leave an inheritance to a disabled beneficiary is that "it depends." However, in most instances, if a beneficiary is disabled or incapacitated, you should consider whether a special needs trust is required.
This is another in a series of blog discussions of Florida's recently enacted changes to Chapter 825, Fla. Stat. which addresses exploitation of an elderly person or of a disabled adult. Elder attorneys often face questions about the use of funds held in joint accounts.
By Florida law, exploitation of an elderly person or disabled adult can occur when funds, assets or property are temporarily or permanently deprived from them or are used to benefit someone other than the elderly person or disabled adult.
With Florida's extensive population of retired persons, the issue of exploitation of the elderly is a recurring topic. Practicing elder lawyers regularly face issues pertaining to this subject.