Private Trusts and Succession Planning for the Severely Disabled or Cognitively Impaired in Australia

Bond Law Review, Vol. 19, No. 2, pp. 1-25, 2007

33 Pages Posted: 17 Sep 2008

See all articles by Terry Carney AO

Terry Carney AO

The University of Sydney Law School

Patrick Keyzer

La Trobe Law School

Multiple version iconThere are 2 versions of this paper

Date Written: September, 15 2008

Abstract

This paper examines the social security implications (and barriers to effective forward planning) posed by the means tests, gifting and private trusts/companies provisions governing payments made to people with cognitive or other severe disabilities, and their parental or other carers. It critically reviews Australia's 'special disability trust' reforms designed to ease these pressures, and concludes that these measures will do little to achieve their purpose. Overseas models and law reform options are examined.

Keywords: social security, disability trusts, cognitive impairment, succession planning, law reform

JEL Classification: I10, I112, I18, I30, K10, K30

Suggested Citation

Carney AO, Terry and Keyzer, Patrick, Private Trusts and Succession Planning for the Severely Disabled or Cognitively Impaired in Australia (September, 15 2008). Bond Law Review, Vol. 19, No. 2, pp. 1-25, 2007, Available at SSRN: https://ssrn.com/abstract=1268514

Terry Carney AO (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Patrick Keyzer

La Trobe Law School ( email )

La Trobe University
Bundoora, VIC 3083 3142
Australia

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