Planning for Disability in an Aging World

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Many practitioners have had or will have clients who are incapacitated to some degree, whether mentally or physically. As life expectancies increase in the United States, the number of individuals with some type of disability or incapacity may also increase. Although some clients with a disability or degree of incapacity will still be able to make decisions regarding their health care and property management, others may not be able to do so. Advance planning is critical to provide for the seamless transfer of control from the client to the designated agent when and if the client is no longer able to make decisions for herself or her family, or to ensure that another steps into the role of decision-maker to make decisions for the client or the client's family when the client lacks capacity to do so.

Rebecca Morgan and Robert Fleming, two of the nation’s leading Elder Care experts and coauthors of the Bloomberg BNA Planning for Disability portfolio, will cover the common planning tools and methods for surrogate decision-making, financial management, as well as some of the more common government benefit programs for individuals who may be disabled.

Educational Objectives
• Apply the rules of professional responsibility to disability planning; 
• Identify the main documents used in planning for disability; 
• Present possible goals when planning for the possibility of disability; 
• Determine the applicability and validity of relevant trusts; and 
• Identify government programs available to a person with a disability.



Robert B. Fleming, Esq., is a partner in the Tucson law firm of Fleming & Curti, P.L.C., with a practice limited to trust (and special needs trust) administration, guardianship, conservatorship, estate planning, and probate. Mr. Fleming is a co-author (with Lisa Davis) of The Elder Law Answer Book, and (with Prof. Kenney Hegland) of New Times, New Challenges: Law and Advice for Savvy Seniors and Their Families. 

Mr. Fleming has been selected as a Fellow of both the American College of Trust and Estate Counsel and the National Academy of Elder Law Attorneys. He is a past Chair of both the Mental Health and Elder Law and the Probate and Trust Sections of the State Bar of Arizona, and a past President of the National Elder Law Foundation.


Rebecca C. Morgan, is the Boston Asset Management Chair in Elder Law, the Director of the Center for Excellence in Elder Law at Stetson University College of Law, and the Director of Stetson's on-line LL.M. in Elder Law. Professor Morgan teaches a variety of elder law courses in the J.D. and LL.M. and oversees the Elder Law concentration program for JD students. She is a successor co-author of Matthew Bender's Tax, Estate, and Financial Planning for the Elderly and its companion forms book, and a co-author of Representing the Elderly in Florida. She is a member of the elder law editorial board for Matthew Bender.

Professor Morgan is a Past President of the National Academy of Elder Law Attorneys, Past President of the Board of Directors of the National Senior Citizens Law Center, past chair of the American Association of Law Schools Section on Aging and the Law and of the Florida Bar Elder Law Section, and was on the Faculty of the National Judicial College. She served as the reporter for the Uniform Guardianship and Protective Proceedings Act.