What is a disability panel in my living trust? Do I need a disability panel?

A disability panel in a living trust is a group of individuals or professionals designated to determine whether the trust's grantor (the person who created the trust) is incapacitated or unable to manage their own affairs. This panel typically consists of trusted family members, friends, or medical professionals who can provide an objective assessment of the grantor's condition.

The purpose of a disability panel is to ensure that there is a clear and fair process for determining incapacity, which can then trigger the successor trustee to take over management of the trust assets. This can be particularly useful in avoiding disputes among family members and ensuring that the grantor's wishes are followed.

Whether you need a disability panel in your living trust depends on your personal circumstances and preferences. Some people prefer to have a panel to provide an additional layer of protection and clarity, while others may choose to rely on a single trusted individual or a medical professional's certification. It's important to consider your specific situation and discuss it with an estate planning attorney to determine the best approach for your needs.