• Ignoring Special Needs Planning Puts Your Loved One at Risk

Brendan J. King

The daily challenges of parenting a special needs child can be significant.  Yet parents of special needs children must take the time to give serious consideration to key issues involving their child’s future, such as:

  • Who will care and advocate for your special needs child when you no longer can? If you do not designate a guardian for your child, the court will step in and appoint one – is that what you want to happen?
  • If you leave an inheritance for your child’s care after you pass, did you know that it could jeopardize his/her eligibility for needs-based government benefits and assistance programs if you have not planned properly?

There is a solution:

Work with an estate planning attorney who specializes in special needs planning to develop an estate plan that coordinates the entire complex legal, financial and unique care concerns of your child – now and into the future. You should expect that attorney to take into account all Federal and state regulations that relate to those with special needs or disabilities when planning for your child’s future as well as determining his/her eligibility for government programs. Services you should look for from your legal professional include:

  •  A comprehensive financial analysis of your loved one’s projected financial needs to provide planning guidelines for you or another caregiver
  •  Drafting and administering special needs and supplemental needs trusts
  • Assistance with applying for disability  for benefits
  •  Specialized estate plans for parents, grandparents or other benefactors of disabled or special needs beneficiaries
  •  Guardianship and Conservatorship guidance: If your child is currently or soon to be an adult and unable to handle his/her own medical or financial decisions, you will likely need to petition for guardianship and/or conservatorship in order to make legal, financial, personal or medical decisions.

As the parent of a special needs or disabled child, the time to take action is now to ensure that your loved one is not at risk and will be properly cared for when you no longer can or following your death.  For additional information in overcoming these challenges, click here http://www.estatepreservationlaw.com/brochures/EPLO-Disability-3.pdf

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