The Overlooked Risk in Every Estate Plan: Disability
Disability is often treated as a remote possibility, something that happens to other people. Yet one of the most persistent blind spots in planning conversations is disability risk. Disability is not limited to conditions that we are born with. It can arise for anyone, at any age, across income levels, and in virtually any circumstance. Comprehensive estate planning is not solely focused around death; it is also about preserving autonomy during life, including through any period of disability.
That is why an estate plan that overlooks disability altogether ignores one of life’s most consequential what-ifs and risks falling short if a health crisis strikes.
The Ever-Present Risk of Disability
For many people, death may feel like something that reliably arrives at the end of old age, not as an imminent or unpredictable risk. The COVID-19 pandemic brought heightened awareness of illness and mortality to people of all ages and triggered a surge in estate planning as millions took steps to protect their loved ones and their futures.
Most Americans dramatically underestimate both the very real risk and significant financial consequences of disability.
- Approximately 1 in 4 20-year-oldswill experience a disability lasting 90 days or more before reaching age 67.
- About 13 percent of Americans are classified as disabled, yet two-thirds of workers believe their own risk of long-term disability is just 1 or 2 percent.
- More than half of Americans turning 65 will develop a disability serious enough to require long-term services and supports.
- Illness, not accidents, is the leading cause of disability, and mental health conditions account for roughly 1 in 10 long-term disability cases.
- Households with a working-age disabled adult need 28 percent more income on average, or an extra $17,000–$18,000 annually, to maintain the same standard of living due to higher expenses for healthcare, equipment, personal care, housing, and lost earnings.
Although many disabilities are temporary, a significant share are not. About 1 in 5 adults (22 percent) will have a disability for more than five years. The longer somebody is disabled, the more it impacts their finances. Estimates suggest that a 35-year-old earning $75,000 who suffers a permanent disability could lose up to $2.25 million in potential earnings by age 65, and a disability beginning at age 45 could result in more than $1 million in lost lifetime income.
Making Planning Decisions Before Disability Strikes
Because incapacity can strike without warning, you need to have incapacity planning in place before it becomes necessary, not after. Many planning decisions require legal capacity (the cognitive ability to make decisions) to create them, and if documents are executed after capacity is lost, they are likely to be challenged or invalidated.
Delaying planning can also have severe financial consequences because it may necessitate additional costly legal procedures at a time when care expenses may be rapidly mounting while income and savings decline. For many households, even a short disruption can be destabilizing.
- Roughly three-quarters of Americans live from paycheck to paycheck, leaving little margin to absorb the financial shock of disability, particularly a prolonged one.