The Matus Law Group
January 6th, 2025
One of the challenges of raising a special needs child is planning for their future.
It is hard to predict what a special-needs child may need throughout their adulthood, but proper estate planning requires you to think about these aspects of your loved one’s future. For example, your estate plan may need to address unique issues that involve state or federal assistance, such as Supplemental Security Assistance or Medicaid.
A special needs trust will hold assets for your loved one that will pay for his or her care and expenses. Creating a trust for this purpose is important because it will keep these funds out of your loved one’s name, so he or she remains eligible for government benefits that are based on income. You can put funds in this trust right away, or you can use the trust as a beneficiary of your life insurance policy. Either option is acceptable, but some parents and guardians choose to fill the trust now to avoid potential issues with decreases in government benefits over time.
One of the first things you will need to do as part of your estate plan is to determine who would be a good disability trustee for your estate. This person needs to care deeply about your loved one to ensure that he or she gets all the benefits you have intended. Have a frank conversation with the individual that you are considering to make sure that they are up to the task.
- Guardianship planning for disabled individuals involves creating a framework to protect their rights and address their needs.
- Guardianship can range from full authority over decisions to limited guardianship, where the individual retains control over specific aspects of their life. This flexibility allows the arrangement to align with the person’s capabilities and promote their autonomy whenever possible.
- Effective guardianship planning involves filing appropriate petitions, providing evidence of incapacity, and outlining the proposed guardian’s responsibilities.
- Family members or trusted individuals often take on this role, but professional guardians may also be appointed when necessary.
- Guardianship planning is an essential step in safeguarding disabled individuals while respecting their dignity.
