Wills, used both to distribute a person’s property after their death and Living Wills, used to express a person’s desires regarding their “end of life” decisions as well as Durable Powers of Attorney for Health Care require the signer to be competent because of the importance of the documents. If competence is an issue, Conservatorship should be considered with the Conservator (guardian) being authorized to make such decisions.

Do I need a “special” Will to provide for my family member with a disability after I am gone?

Yes! Family members who want to adequately provide for the care and support of their family member with a disability must have a Special Needs Trust Will to avoid the loss of benefits for them. If an individual is receiving any state or federal benefits, there are limits to the amount of assets they may be left from an estate. A recent study showed that nearly 60 percent of people do not have a will. Unfortunately, a “simple” or form will may not work for families of individuals with disabilities. The Special Needs Law Center has helped families all over the State of Tennessee to carefully prepare an estate plan which provides for their loved one with a disability but avoids the risk of them losing their benefits.