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When you have a loved one with a disability, planning for their future requires specialised legal knowledge and genuine understanding. What happens when you're no longer able to provide care? Who will manage their finances? How can you protect their inheritance without affecting their NDIS or Centrelink support?
At Forseti Law Australia, we've spent years working with families navigating these exact challenges. From Special Disability Trusts to guardianship matters, we provide expert guidance tailored to your family's unique circumstances. Our goal is to give you confidence that your loved one will be cared for and financially secure, no matter what the future holds.
Standard estate planning doesn't account for the complexities that arise when a beneficiary has a disability. Well-meaning families often create Wills that inadvertently disqualify their loved one from essential government support, or fail to provide proper protections for vulnerable beneficiaries. Without specialised guidance, you risk leaving your loved one in a worse position.
Many families don't realise that leaving money directly to a person with a disability can make them ineligible for the Disability Support Pension, NDIS funding, and other crucial benefits. Standard inheritance structures assume beneficiaries can manage their own affairs and make sound financial decisions—assumptions that don't apply when cognitive impairment or intellectual disability is involved.
We don't just process paperwork—we supportWe understand both the legal complexities and the emotional weight of these decisions. You'll work with a solicitor who genuinely understands disability planning—someone who presents to special school P&C groups, works with advocacy organisations, and has helped countless families secure their loved one's future. families through difficult times. You'll receive clear explanations of what needs to happen, realistic timeframes, and regular updates throughout the process. We handle complex legal requirements whilst treating you and your family with sensitivity and respect.
We take time to understand your family's situation, explain your options clearly, and create practical solutions that work in the real world. Our planning considers not just legal structures, but the practical realities of care coordination, family dynamics, and your loved one's specific needs.
Expert guidance on establishing and managing Special Disability Trusts (SDTs) that protect assets whilst preserving access to the Disability Support Pension and other Centrelink benefits. We handle trust deeds, trustee appointments, and ongoing compliance requirements.
Specialised Will drafting that protects beneficiaries with disabilities through testamentary trust structures. These flexible trusts allow trustees to provide for your loved one's needs whilst maintaining their government support eligibility throughout their lifetime.
Assistance with Queensland Civil and Administrative Tribunal (QCAT) applications for guardianship, administration, and statutory health attorneys. We guide families through the application process and represent you at QCAT hearings when decisions need to be made for adults who lack capacity.
Comprehensive planning documents including Enduring Powers of Attorney, Advance Health Directives, and succession planning for when parents or primary carers are no longer able to provide support. We help you establish legal frameworks that ensure continuity of care.
Our comprehensive disability law services cover:
In-depth discussion of your loved one's needs, current support arrangements, and your concerns about the future
Assessment of how different planning structures affect eligibility for DSP, NDIS, Centrelink, and other government support
Creation of Special Disability Trusts or testamentary trusts tailored to your family's circumstances and goals
Advice on legal capacity, when formal assessments are needed, and how capacity affects legal documents
Complete assistance with guardianship and administration applications including document preparation and hearing representation
Collaboration with NDIS planners, support coordinators, and disability service providers to ensure legal planning aligns with care plans
Our streamlined legal process is designed to ensure client success by providing efficient and effective legal services. We understand that navigating the legal system can be complex and time-consuming
We begin with a thorough discussion about your loved one's disability, their current support arrangements, and your concerns about the future. This helps us understand what planning structures will work best for your family's unique situation.
We review existing arrangements including NDIS plans, accommodation, current decision-makers, and family dynamics. We identify gaps in current planning and discuss how different legal structures address your concerns about care and finances.
We explain your options clearly—from testamentary trusts to Special Disability Trusts to guardianship arrangements. You'll understand the benefits and limitations of each approach, how they affect government benefits, and what ongoing obligations are involved.
We draft all necessary legal documents including Wills, trust deeds, Powers of Attorney, and QCAT applications. Everything is tailored to your family's circumstances and written in language you can understand, not impenetrable legal jargon.
Disability planning isn't a one-time event. We're here as circumstances change—whether that's NDIS plan reviews, transitions in living arrangements, or updates needed as your loved one grows older. We provide continuing guidance to ensure your planning remains effective.
Yes, potentially. Direct inheritance can make your child ineligible for the Disability Support Pension and other means-tested benefits. However, properly structured testamentary trusts or Special Disability Trusts allow you to provide for your child whilst protecting their benefit eligibility. This is why specialised planning is essential.
A Special Disability Trust (SDT) is a specific trust structure that allows families to set aside up to $760,000 (indexed annually) for a person with severe disability without affecting their DSP or assets test exemptions. SDTs are ideal for families who want to provide for accommodation and care costs whilst preserving government benefits.
Consider guardianship applications when your child with a disability turns 18 and needs someone to make legal, health, or lifestyle decisions they cannot make independently. QCAT can appoint guardians with specific decision-making powers tailored to your loved one's capacity. We guide families through this process sensitively.
It depends on their level of capacity. Queensland law requires Will-makers to understand what a Will does, their assets, and who might expect to benefit. Some people with mild intellectual disabilities have sufficient capacity with support, whilst others do not. We can arrange formal capacity assessments when needed.
Without proper planning, your loved one may inherit directly, losing government benefits. Intestacy laws don't account for disability, potentially leaving assets to someone who cannot manage them. Family members may need expensive QCAT applications to make decisions. Proper planning prevents these complications and ensures your wishes are followed.
Annelie Hovler Solicitor of the Supreme Court of Queensland, Australia Jurist, Sverige
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