Special Needs Trusts
Probate and Property, May/June 2003, Volume 17, Number 3
By Kristen Lewis Denzinger
Kristen Lewis Denzinger is counsel with the Atlanta law firm of Smith Gambrell & Russell, LLP.
Many of us have relatives, friends, or colleagues who are challenged on a daily basis by some type of incapacitating physical, mental, or developmental disability. In days past, the families of disabled persons often kept their personal circumstances a secret; the disability of a loved one was a taboo subject that was not to be discussed openly. To make matters worse, very few competent professional advisors were available to help plan for the “special needs” of disabled persons. Left on their own, many disheartened families had limited options to ensure appropriate care for disabled relatives after their primary caregivers died or grew too old and infirm to provide the necessary care.