This endorsement clarifies the appropriate payee for structured and non-structured settlement payments for a person under a disability.
The court initially raised concerns about direct payment to the incapable person, preferring payment to the incapable person rather than the guardian.
However, based on expert advice from McKellar Structured Settlements Inc., it was determined that the annuity insurer would not be discharged if payments were made directly to an incapable person.
Consequently, the court revised the judgment to direct payments to the guardian of property for the benefit of the incapable person, ensuring tax compliance and proper discharge for the insurer, while affirming the guardian's commitment to the incapable person's best interests.
