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Having a child with special needs makes estate planning especially important and provides an extra layer of protection for your child. Special needs planning can give you peace of mind and confidence about the future of your child or other family member with special needs. Too often, families put off the task of planning because it seems overwhelming and confusing. However, it is not as difficult as you might expect, and is the only way to ensure your child with special needs will receive the best care when you can no longer provide that care yourself.



A Letter of Intent or Special Letter of Instruction is an important component of a special needs plan. It functions like a roadmap for any individuals involved with your child's future care. The Letter of Intent is a working document which enables a future caregiver to carry out your wishes and manage the needs of your special child. A last will is also an essential component in a special needs plan. Your last will has instructions, including a special needs trust, for the management of assets passing to your child with special needs. Without a will, state laws will determine how your assets will be distributed. By preparing a will, you determine how you want your estate to be distributed and you also identify the person(s) you wish to name as the guardian of your child or children.

A common tools used in special needs planning is a special needs trust. The purpose of the special needs trust is to protect inherited assets so that the beneficiary will remain eligible for needs based government benefits. An outright distribution to a special needs beneficiary may result in a loss of benefits; potentially a tragic result. A special needs trust can give you peace of mind knowing your special person will continue to receive the benefits to which they are entitled while preserving a higher quality of life.

Your planning should contemplate both, who will be the guardian for your minor children and child with special needs, as well as who will be named as the trustee to oversee the investment, administration and distribution of special needs trust assets. Each of these individuals play a separate and distinct role, so you will want to carefully consider your choices and alternates. Planning for the future requires thinking about the kind of life you want your child to have when you are no longer able to provide care. Special needs planning should only be undertaken under the counsel and guidance of an experienced attorney. This is one area of planning that should never be a do-it-yourself project.

Having a child or other family member with special needs makes planning ahead critical.

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