When Death Doesn’t Find You on the Battlefield: Protecting Veterans with Post-Traumatic Stress Disorder During the Estate Planning Process

Abstract

Overall, this comment’s purpose is to educate the estate planning community on PTSD and how attorneys can help their veteran clients protect themselves through an effective estate plan. To do this, attorneys must recognize the special circumstances surrounding legal work for veterans, such as the necessity of incorporating therapeutic jurisprudence to prevent legal complications. The first part of this comment will provide attorneys with information about how professionals diagnose PTSD. Second, this comment will discuss the progression of the disorder to help attorneys understand how the military and the American public’s attitude and perception of the disorder have developed and affected veterans and their treatment. Third, this comment will address the estate planning concerns that attorneys must consider when drafting an estate plan for a veteran with PTSD. Finally, this comment will provide attorneys with initial client-counseling techniques to help screen clients to determine whether they are suffering from PTSD.

Description

Keywords

Post-traumatic stress disorder, PTSD, Estate planning, Veterans, Estate planning considerations, Estate planning considerations, Soldiers, Wills, Durable power of attorney, Uniform Veteran’s Guardianship Act, Guardianships, Therapeutic jurisprudence

Citation

9 Est. Plan. & Cmty. Prop. L. J. 111