Disability Law

Disability Law Introduction

Our firm practices Disability Law that includes:

• NDIS Issues
• Estate Planning
• Special Disability Trusts, both Testamentary or Living
• Discrimination
• Bullying & Harassment
• Employment
• SMSF Investment
• Guardianship

NDIS Issues

There may be an issue with a NDIS application or continued service.  A service may be suspended or denied which can lead to a dispute.

Estate Plans

An Estate Planning suite of documents includes:

• The Will which comes into effect on your death and can include a Testamentary Special Disability Trust if you have a disabled child or sibling who needs ongoing care.
• An Enduring Power of Attorney which manages your finances if you are incapacitated and ceases to operate after your death.  And can make provision for your adult child out of your funds.
• The Enduring Guardianship which manages your health directive and physical needs if you are incapacitated and ceases to operate after your death.

We also provide:

• A Estate Planning Checklist for you to prepare your thoughts prior to the initial consult
• Security Deposit of your original documents
• Softcopy on our Matters Management System
• A reminder every five years that your Will is in our Secure Deposit and any recommendations to update
• We can work with you in person or via Video link or a combination of both.

If you own a business, we can also prepare a Corporate Power of Attorney.

Our Estate Planning Services is $440 + GST for a single person and $880 + GST for a couple.

If the Estate Plan includes a Testamentary SDT the price will be $2500 + GST for a single person OR $4000 + GST for a couple.

Special Disability Trust

Special Disability Trusts can be set up at any time.  Usually if the person who will be the Trustee is alive it is because they or family members wish to contribute to the Trust or if the disabled person is going to receive a significant payout.

Testamentary Special Disabilities Trusts assist family members and carers making private financial provision for the current and future care and accommodation needs of a family member with severe disability.

The trust can be used for the following:

• Accommodation and care costs for the person with the disability
• Medical expenses (including health insurance)
• Maintenance expenses on the trust assets
• Discretionary spending.

Benefits:

• Not losing entitlement to  disability pension
• Entitled to parents’ assets
• Ensure financial security of the child.
• Trust considered part of a broader estate plan together with a Will, Enduring Power of Attorney and Enduring Guardianship.

Creating a Special Disability Trust

In order to create a SDT the following must apply:

The child must be classified under Social Security as disabled and over 18 years of age according to the Special Disability Trust beneficiary assessment process

Engage a lawyer to prepare an Estate Plan and establish the Trust.

Follow the Model Trust Deed that prescribes the compulsory clauses needed by the social security legislators, as well as recommended clauses that give more rights and options for the child and the parents.

A SDT maybe instigated by grandparents, parents, sibling, carer who gain the most benefit relative to available funding models.

Discrimination

Occurs when a person with disability is treated unequally, less favourably or not given the same opportunities as people because of their disability. It can be direct or indirect.

Disability discrimination is covered by both Commonwealth and State legislation. People, or associates of a person with a disability are also covered, for example, a carer.

It is not just about employment but all aspects of a person’s life.  It can include such things as access to buildings (building codes in public buildings).

Employment

Some of the topics we cover are:

• Inclusive recruitment by organisations.
• Engagement with service providers and your right to privacy
• Fair conditions and pay
• Sick days and information that has to be provided

SMSF Investment for NDIS

Under Self-Managed Superfund regulations it is possible to use one contract for a land and build to invest in specific NDIS approved builds.  NDIS contract for build are more specific and required to conform to NDIS rules

As it is one contract you can purchase in the SMSF then lease to NDIS provider or head lessor.  In this scenario it is essential to have an estate plan that includes a Special Disability Trust section.

Guardianship

Where a person has impaired cognition and decision-making we can assist in a guardianship application to appoint a guardian to manage their affairs and care.  The person the application is about must be over 16 years.

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