Disability and Death Planning

Death is a Certainty that We All Need to Anticipate; Disability Can Happen to Anyone—How to Prepare For Each

It is essential to plan for death—it is the right thing to do for the loved ones who survive. A properly guided plan can ensure that:

• Your wishes are carried out in the most managed way possible.
• You design a plan that will work as intended—many do not!
• You can outline how to provide for the spiritual, financial and emotional needs for those who follow you.

Disability can be especially complicated. The American Disabilities Act of 1990 defines “a physical or mental impairment that substantially limits one or more of the major life activities of the individual”. The Social Security Administration also maintains a “Listing of Medical Impairments”.

According to the Council for Disability Awareness, “more than one in four of today’s 20-year-olds can expect to be out of work for at least a year because of a disabling condition before they reach the normal retirement age.” As cited in their website:
The most common reasons for short-term disability claims are:
1. Pregnancies (25%)
2. Musculoskeletal disorders affecting the back and spine, knees, hips, shoulders, and other parts of the body (20%)
3. Digestive disorders, such as hernias and gastritis (7.8%)
4. Mental health issues including depression and anxiety (7.7%)
5. Injuries such as fractures, sprains, and strains of muscles and ligaments (7.5%)

The most common reasons for long-term disability claims are:
1. Musculoskeletal disorders (29%)
2. Cancer (15%)
3. Pregnancy (9.4%)
4. Mental health issues including depression and anxiety (9.1%)
5. Injuries such as fractures, sprains, and strains of muscles and ligaments (9%)

Individuals under the age of 18 lack capacity to sign contracts and consent to various legal procedures. There is a unique additional complication for children who may also suffer from developmental disabilities. Well thought out planning for the future is essential to ensure these individuals will be adequately and lovingly provided for when their parents and guardians are gone.

And, in the event of a catastrophic accident or illness, a life could suddenly change. Unable to make your own decisions, there may be no other option other than to seek assistance through the courts with the appointment of a guardian and/or conservator.

The James Donivan Evans Group understands the many issues surrounding disability and he can help.