If you or a loved one has been diagnosed with a traumatic brain injury (TBI), you probably have already discovered how devastating such a diagnosis can be. Medical science is continually learning more about the brain and treating these impact injuries. These injuries can range greatly in severity, and there are not always definite answers in terms of treatments and outcomes.
March is National Brain Injury Awareness Month. Brain injuries are not always visible, so you may have a friend or colleague dealing with a TBI that you have not heard about. TBI symptoms can vary greatly, from physical problems like severe headaches or balance issues, to memory problems, to emotional or behavioral issues ranging from anxiety to aggression. In many cases, brain injuries can be treated, and the individual will recover and live a normal life. In others, the injury may result in permanent damage.
If your loved one is dealing with a brain injury, there are some things you may wish to consider, based on the severity and cause of the injury:
- Is the individual able to make sound decisions about his or her health and finances? Ideally, they would already have had a healthcare power of attorney and durable power of attorney (financial) in place so that if they were not able to make health-related or financial decisions, a trusted individual could immediately step in. If these documents do not already exist and your loved one is unable to make these decisions on their own, you will need to petition the court for a legal guardian to be named. This may be a family member or an independent third party.
- Setting up a special needs trust may also be a sound decision. If the brain injury is expected to impact the individual’s earning ability, family may choose to set up a special needs trust to help pay the person’s living expenses. This can especially helpful for parents who want to provide for a child with a brain injury who is expected to outlive them and will need support. Special needs trusts can be complex. We recommend speaking with an estate planning attorney about the best options for your specific situation.
- In cases where the injury was the fault of another party and there was a legal or insurance award, it can also be helpful to speak with an estate planning attorney about how to protect those funds so they are used to benefit the injured party over their lifetime.
Learn more about brain injuries at the Brain Injury Association of America. If you would like to schedule an appointment with an estate planning attorney to discuss your family’s situation, please contact the firm at (336) 249-2101 or reach out online.