New York Estate Planning & Elder Law Blog
Unfortunately, brain injuries have the potential to challenge families in a number of ways and can create a unique set of obstacles. Due to the uncertain diagnosis, many families find themselves spending an uncertain amount of time on a loved one’s recovery from brain damage. One of the first steps that many people make when financial planning is involved is to take the steps necessary to make sure that assistance is allocated for the injured person. This article reviews some of the other important steps to consider when it comes to create an estate plan when a person with brain damage is involved.
Why Brain Injuries Are Often Challenging
One of the reasons why estate planning for brain injuries is particularly complicated is that many brain injuries are particularly complicated. It is critical that our brains are responsible for handling a large number of decisions including everything from emotions to regulating body temperature. Because each part of a person’s brain has different responsibilities, a person who experiences brain damages in one region that another person with a brain injury does not. It is also important to understand that brain death is different from a vegetative state. While in a vegetative state, a person’s brain stops functioning while the lower half of the brain remains active. During a coma, however, a person’s brain enters an unconscious condition.
Consider Legal Issues
Based on the severity associated with a brain injury, there are a number of potential estate planning options that might able to successfully used:
- Durable and limited powers of attorney can provide a trusted person with the decision making abilities for a person with the brain injury. Deciding exactly who should receive these powers, however, is often a difficult decision.
- Special need trusts are able to protect the assets of a person with a brain injury while making certain that the individual remains eligible for government benefits. Many times, however, special need trusts come with a distinct set of obstacles.
Financial Considerations
A large number of families experience difficulty when it comes to financial considerations for the person with the brain injury. While it is always a good idea to obtain the assistance of a financial planner if a loved one’s brain injury was the result of an accident, this is not always possible. Instead, it is also a good idea to make sure that financial resources are properly managed when a loved one has a brain injury. Despite the numerous safeguards to make sure that someone is appointed to take care of a person’s health, it is still possible to provide an appointed caregiver with an adequate amount of authority.
Speak with an Experienced Estate Planning Lawyer Today
If you are involved in estate planning with someone who has brain damage, it is a wise idea to speak with a knowledgeable estate planning attorney. Contact Ettinger Law Firm today to schedule an initial free case evaluation. We understand the numerous complications involved with estate planning particularly when someone has brain damage.