Planning For a Child With Special Needs

If you are a parent of a child with special needs, we know the last thing you need is one more item on your endless to do list, but here it is: create an estate plan to protect your child in the event of your incapacity or at your death. A well-crafted estate plan can give you the peace of mind that comes from knowing you’ve done everything you can to protect your child no matter what the future holds.

There is no one-size-fits-all estate plan. Your plan needs to be tailored to meet the specific needs of your child. Thinking about your child’s life without you can cause great anxiety; in fact, it is probably the number one reason parents put off doing their estate planning. Planning is important for all parents with minor children, but for parents of children with special needs, the need for planning does not stop when your child turns eighteen.

It can be difficult or impossible to know how your child will be able to function in the world as they age. What is your child’s long term prognosis and what type of care is anticipated to meet their needs? What kinds of medical breakthroughs may occur that change their playing field? What government programs will your child be eligible for when they turn 18 and are those programs likely to still be in place when they need them? How will the parameters of the estate plan change when your child turns 18 and may want (and be legally able) to make some decisions on their own?

If your child is likely to receive needs-based government benefits such as supplemental social security income (SSI) or Medicaid, it is important for your estate plan to include a special needs trust. The special needs trust can be designed to ensure that your child remains eligible for these valuable government benefits while your assets are used to supplement the benefits and improve your child’s quality of life.

Flexibility is the key to success when creating an estate plan for your special needs child. The plan you create now may need to be tweaked in the future due to unforeseen changes in your child’s abilities, desires, or future changes in government assistance programs.

If you have any questions or would like to learn more about how to protect your child with special needs, please contact our Client Care Coordinator, Michele Argiro, at (540) 442-7700 to schedule a complimentary consultation with one of our attorneys.