What is "fair and reasonable"? Norms and strategies guiding the distribution of assets by testators who have an adult child with intellectual disability

被引:2
作者
Wilson, Jill [1 ]
Tilse, Cheryl [1 ]
White, Ben [2 ]
Rosenman, Linda [1 ]
机构
[1] Univ Queensland, Sch Nursing Midwifery & Social Work, St Lucia, Qld, Australia
[2] Queensland Univ Technol, Australian Ctr Hlth Law Res, Fac Law, Brisbane, Qld, Australia
基金
澳大利亚研究理事会;
关键词
Intellectual disability; families; wills; inheritance; WILL-MAKING; INHERITANCE; RESPONSIBILITY; AUSTRALIA; PEOPLE; FAMILY;
D O I
10.3109/13668250.2020.1765997
中图分类号
G76 [特殊教育];
学科分类号
040109 ;
摘要
Background:Parents making a will most commonly distribute assets evenly to adult children. How parents of an adult child with an intellectual disability use wills to plan for future care and support has had limited policy, practice and research attention. Method:This research reports on the perceptions of 20 parents regarding the impact of the needs of their child with disability on estate planning. The participants were purposively recruited and interviewed during 2014-15. Results:Participants were more likely to consider equity ofoutcomesfor their children taking into account retaining access to state services. They report difficulties in future planning in the context of changing service systems and limited specialised advice. Conclusions:Judgements about what is fair and reasonable in distributing assets reflect differing views of need and entitlement within families. Such families would benefit from specialised advice and support in estate planning, particularly given the changing context.
引用
收藏
页码:175 / 185
页数:11
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