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Publication Date

4-2022

Document Type

Article

Abstract

As the generation of baby boomers—individuals born between 1946 and 1964—grow older, their children are being progressively squeezed between caring for aging parents and the demands of a family of their own, giving rise to the term “sandwich generation.” The current population of fifty-three million baby boomers over the age of sixty-five accounts for 16% of the populace. As such, younger generations are finding themselves sandwiched between the financial, emotional, and physical needs of their aging parents and young children. This challenging situation is further exacerbated for families dealing with disabilities, and this scenario is only becoming more ubiquitous. In addition to baby boomers experiencing physical and cognitive challenges precipitated by age, the prevalence of developmental and physical disabilities among children is growing. The Centers for Disease Control (CDC) and Prevention issued a report noting an increase in developmental disabilities among children under the age of seventeen since 2009.

Today, sixty-one million individuals, or 26% of the nation’s population, have one or more disabilities. One in four disabled adults are also cared for at home by parents over the age of sixty. As parents lose the ability to caretake, younger generations are left to take up the mantle of caring for their disabled siblings and other family members.

This Article discusses the implications and complexities of proper planning for the long-term care of a substantial and growing percentage of individuals with physical and mental disabilities. A thorough understanding of the tenuous balance between preserving social benefits and employing special needs trusts crosses several legal disciplines, including estate planning; family law, in cases of divorce; and plaintiffs’ litigation that result in disability settlements.

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