Protecting Dependents If You Are Disabled

Got story updates? Submit your updates here. ›

This article discusses the importance of estate planning, including powers of attorney and living trusts, to ensure your assets and affairs are properly managed if you become disabled or incapacitated. It covers considerations for married couples, second marriages with separate children, and parents with dependent adult children, highlighting the need to plan ahead to avoid costly and complex court proceedings like conservatorships.

Why it matters

Proper estate planning can provide peace of mind that your assets and affairs will continue to be managed for your and your dependents' benefit if you become disabled, without the need for expensive and time-consuming court proceedings. This is especially important for married couples, blended families, and parents supporting adult children, to ensure your wishes are carried out.

The details

The article explains that estate planning includes not just inheritance upon death, but also who manages your assets if you become disabled or incapacitated. For married couples, a living trust typically allows the well spouse to manage trust assets alone if the other becomes incapacitated. However, non-trust assets like retirement accounts require a power of attorney to authorize the spouse to manage them. For blended families, it's important to plan how each spouse's income and assets will be used to support joint and separate living expenses if one becomes disabled. For parents with dependent adult children, the trust and power of attorney should specify how the children's support will continue if the parents are disabled.

• The article was published on April 11, 2026.

What they’re saying

What’s next

Individuals should consult a qualified estate planning attorney to ensure their trust, power of attorney, and other estate planning documents properly address the management of their assets and affairs if they become disabled or incapacitated.