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Principled Advocacy For Families And Individuals With Disabilities And The Professionals Who Serve Them

How can you protect your special needs child if you die?

On Behalf of | Mar 14, 2025 | Estate Planning

Thinking about the future can be terrifying. Especially when it comes to ensuring your special needs child is cared for after you’re gone. You love your child, and you want them to be safe and happy so while it’s a difficult topic, having a clear plan in place can provide peace of mind and long-term security for your child

Without the proper legal and financial protections, your child’s benefits and care arrangements could be at risk, leaving them in a position where they aren’t properly cared for. Taking proactive steps now can help ensure they have the support they need, no matter what the future might hold.

The next steps

One of the most important steps you can take in planning for your child’s future is setting up a special needs trust (SNT). This is a legal arrangement that holds money or assets for a person with disabilities without affecting their eligibility for government benefits like SSI and Medicaid. It ensures the funds are used for their care and quality of life. Without an SNT, an inheritance could unintentionally disqualify them from essential support programs.

Consider appointing a guardian or conservator to manage your child’s care and financial decisions, if they are unable to do so themselves. This ensures that someone you trust will help to step in and handle important matters from medical care to daily living needs. If guardianship isn’t the right fit? Alternatives like power of attorney or supported decision-making agreements may be worth exploring.

Finally, having a comprehensive estate plan is beyond crucial. Adding a letter of intent detailing your child’s specific needs and preferences can also be helpful. This document can guide your caretakers and help ensure continuity of care. With the right legal and financial tools in place, you can rest easier knowing your child will be protected and supported.

Planning for your child’s future may feel overwhelming, but you don’t have to do it alone. With the right legal guidance, you can create a plan that ensures their care and quality of life for years to come. Taking these steps now can help to provide peace of mind. Knowing your child will always have the support and love they need.