As a parent of a child with special needs, you are the ultimate expert on your child's preferences, routines, skills, and challenges. This unique knowledge is invaluable when it comes to legal planning for your child's future.

Legal planning can indeed seem overwhelming when securing your future. However, understanding and using the proper estate planning tools can empower you, giving you a strong sense of control and confidence in securing your child's future. This knowledge is a powerful tool in your hands.

The good news is that several estate planning tools are available to help you protect your child's interests and provide for their needs, both now and in the future. Even better, these tools can be customized to suit the level of care your child requires, regardless of their level of independence or functioning. This flexibility empowers you, as a parent, to tailor the plan to your child's unique needs, giving you a sense of control and confidence.

01 | Ensure A Lifetime Of Care Through Guardianship

Without proper legal planning, you cannot make decisions for your child when they turn 18. Guardianship is a legal relationship ordered by a court that gives someone the authority to make decisions for their adult child if they cannot do so for themselves. With court Guardianship, you can name yourself or someone you trust to have the authority to make decisions about your child's medical care, education, living arrangements, and more. Guardianship is necessary if your child has challenges that prevent them from making decisions or taking care of themselves independently.

Why You Shouldn't Wait Until Your Child is Near Adulthood

Even if your child isn't near the age of adulthood, it's important to nominate a legal Guardian now if you pass away or become incapacitated before your child turns 18. Without your nomination, your child may be left without the care of someone you trust, and the decision of who will care for your child will be up to a court that doesn't know your child or their unique needs.

02 | Be There For Your Child with Powers of Attorney

While not appropriate for all people with special needs, Powers of Attorney are another essential legal tool for parents. Whether your adult child is neurotypical or has special needs, you must retain some ability to make decisions for them in case they ask for your help or aren't able to make decisions on their own.

If your child is high-functioning and can live independently, Powers of Attorney may be an appropriate tool to support their care. Through Powers of Attorney, your adult child can grant you the ability to make financial or medical decisions for them, such as scheduling doctors' appointments, paying bills, or signing a rental agreement. Your child can also choose whether these powers make it possible for you to act on their behalf at any time or only in the event of their incapacity.  Plus, Powers of Attorney can be customized to meet your child's specific needs and wishes, ensuring their care and well-being are always a top priority while respecting their autonomy and independence.

03 | Protect Your Child's Financial Future with a Special Needs Trust 

Finally, every parent of a child with special needs should consider creating a Special Needs Trust to protect their child's financial security. This type of Trust is designed to provide extra financial support for your child while ensuring they remain eligible for much-needed government benefits such as Medicaid and Supplemental Security Income (SSI). Giving money directly to a child with special needs can cause them to lose their government benefits unless that money is provided through a Special Needs Trust.

A Special Needs Trust can be used to pay for various needs, including living expenses, household items, health care, and more.  Even better, a Special Needs Trust can be drafted to incentivize the people you've named as Guardians to care for your child how you currently care for them.

Ensuring Your Child Is Eligible For Government Aid

For your child to remain eligible for government aid while receiving funds from a Special Needs Trust, the Trust must follow regulations and reporting requirements that vary by state and can be challenging to understand. Working with us is crucial to developing a Special Needs Trust that meets these requirements while perfectly fitting your child's unique needs.

Your Trusted Advisor When Planning for a Child with Special Needs

We understand that every child with special needs is different, so we offer a personalized approach and a comprehensive range of estate planning services, including Special Needs Trusts and legal Guardianship nominations, to create a plan unique to your child. If you aren't sure where to start or what your child may need now and in the future, contact us today. We'll walk you through your unique situation and develop a plan that ensures your child with special needs has the physical, financial, and emotional support they need now and for years to come.

Contact Hartmann Law Today

If you have questions about special needs planning, contact our office to speak to an estate planning attorney.

Take steps to start planning your Life and Legacy today!  Take action to ensure your voice is heard when you are unable to speak for yourself.  Decide to protect yourself, your loved ones, your business, and your property.   

Schedule a call today with Hartmann Law.

Hartmann Law provides life and legacy plans ready for today with an eye on the future.

YOUR CHOICES.  OUR GUIDANCE.

Life and Legacy Plans are created by design and not by default!