Special needs planning is often a part of a parent or other family member’s estate planning considerations. To ensure that you make adequate financial arrangements through proper estate planning to protect your loved ones with special needs, you may need to draft special estate planning documents. Because of the legal nuances involved in estate planning, setting up a time to discuss your estate plans with our office may be a wise investment.
Setting up a special needs trust may be necessary for your special needs planning. If you are a parent of a child with special needs, including a child with a physical or mental disability requiring long-term care, you may want to consider setting up a special needs trust. You can also establish a special needs trust if you are a sibling, guardian or any other family member with concerns regarding the financial well-being of your ward or family member with special needs.
Many lawyers and judges refer to a “special needs trust” as a “supplemental needs trust.” Regardless of the terminology used, a special needs trust allows you to appoint someone to safeguard your estate assets for the financial well-being and benefit of your special needs child if you are no longer able to take care of him due to mental incapacity or death. You will need to select a trusted individual to serve as the trustee of your special needs or supplemental needs trust and make sure that you discuss your concerns and your child’s needs, including the suitability of your chosen trustee with your estate planning attorney. Your estate planning attorney should review your individual circumstances and your financial expectations regarding your special needs trust documents.