What if a person does not have the capacity to manage money?
Before preparing a will, parents need to consider the capacity of any beneficiary with an intellectual disability to manage any money or other property left to them. It should not be assumed that a person with intellectual disability is incapable of managing a gift. In each case parents must consider the size and complexity of any gift and their own son or daughter s capacity to manage the gift alone or with informal assistance from friends and family members. Even if it has been decided that a person lacks the capacity to manage money, money (or other property) can still be left to the person in a will as there are many ways to structure a will to protect the interests of such a person. For example, parents can leave a share of the estate in a trust fund. This means appointing people, called trustees, to manage and use the fund for the person with a disability in the way specified in the will. Parents can also say what happens to any unspent part of the fund when the person with a dis
