Reasons for Being Open About Disabilities with Your Attorney
by Colin Smith | Contributor
Meeting a client for the first time is one of the most rewarding aspects of being a lawyer. I constantly remind myself of two fundamental truths. First, no family can be labeled as ‘normal’. The Simpsons represent reality, while the Cleavers are a fantasy. The second truth is equally critical: NEVER judge a book by its cover.
I specialize in estate planning and Social Security Disability law, areas that often intersect more than people appreciate. The more transparent my clients are with me, the better I can assist them in preparing for both anticipated and unforeseen circumstances. Disabilities can have substantial impacts on estate plans. I’m equipped to address both permanent disabilities and those caused by unfortunate incidents.
Many individuals, myself included, tend to conceal their disabilities. After years of observation, I understand that this is often done to evade biases, stereotypes, and feelings of embarrassment, as we all aspire to the idealized image of the perfect Dallasite. Personally, I am hearing impaired, yet some assume I have a European accent, a misconception I have found amusing over the years. However, in terms of estate planning, understanding a client’s disability allows me to accommodate it appropriately.
When I learn that a client has a disability, I must grasp the context of that disability. The reasons can generally be classified into three categories:
1. Accident (car crash, falls among the elderly, unexpected incidents, etc.)
2. Hereditary (mental health issues, dementia, Alzheimer’s)
3. Other medical reasons (diseases acquired, birth defects, etc.)
Identifying the category is crucial, as I can legally plan for hereditary conditions, possibly spanning generations. Additionally, I can manage existing disabilities for estate planning and develop a generalized plan for potential challenges that may arise.
It is wise to consider all current and prospective disabilities during estate planning. We must clearly articulate our desires while we still have the mental capacity to do so. Simultaneously, we can create broad strategies for potential challenges in the future.
Contemplating these matters can be distressing, as it forces us to confront the possibility of an unfulfilled future. These thoughts are uncomfortable, which is why many people procrastinate. However, there is a sense of relief that can be found. One of the best moments I experience as a lawyer is witnessing the relief of my clients when they realize that everything has been thoughtfully arranged and is in order.
Editor’s Note: Colin Smith focuses on estate planning and Social Security Disability law. He is familiar with the hurdles of living with a disability himself, having lost a significant portion of his hearing to spinal meningitis as a child and the remainder while pursuing his undergraduate degree at The University of Texas. After experiencing two years of silence, he regained his hearing thanks to a cochlear implant. He welcomes your inquiries and assures you he will turn off his music when he hears your call. You can reach him at 972.773.9095. ColinSmithLaw.com
