If a divorce litigant is incompetent, his legal representative, such as a general guardian, conservator or other fiduciary, may sue on behalf of the incompetent person. However, if the incompetent person has no such legally appointed representative then the domestic relations rules specifically allow a person acting as the incompetent's next friend to sue on his behalf.
The Achieving a Better Life Experience Act ("ABLE ACT") was signed into law by President Obama on December 19, 2014. Until now, disabled people could have no more than $2,000 in savings, without risking their eligibility for Social Security Disability, Medicaid, and other public benefits. Under the new law, a person with a disability can save up to $14,000 per year, and up to $100,000 total, and retain his or her eligibility for these benefits.
Parents who are disabled, as well as parents of children with disabilities, have special planning needs which need to be addressed if the parties are in the midst of a divorce.