Troy Special Needs Planning Lawyers

Why Wills are Insufficient for Special Needs Children

Parents of children with special needs know that caregiving is a lifetime job. However, what happens once the parents are no longer able to provide that care? As most vulnerable dependents with disabilities will outlive their parents, planning for their estate needs and finances is of great importance. Proper planning ensures that the child will always have someone to advocate for and protect their legal rights.

Due to their special needs, children with disabilities who inherit money from their parents usually have their government benefits and medical coverage cut off, such as social security. Some parents will intentionally disinherit their child with special needs to prevent that. However, there is a better way, and we can help you preserve benefits for your special needs loved one.

Benefits of a Special Needs Trust

One alternative to the traditional will is called a Special Needs Trust (SNT). This type of trust keeps your assets available to the child without disqualifying them from other benefits. When properly drafted, an SNT specifies ways that your assets will be used to supplement government benefits, rather than replace them. The team at BRMM can help clients prepare an SNT that will ensure that funding is available to enhance the child’s life.

Establishing the SNT and Letter of Guidance

By putting the right plan in place immediately, you prevent your child’s governmental benefits from being altered, diminished, or even destroyed after you pass. Our firm can also help clients draft a Letter of Guidance, which is almost as important as the SNT. As no one knows your child better than you, this thorough document will help to describe your wishes for them.

By planning right away, you can help your loved one with special needs to enjoy a lifetime of supervision and care.