Estate Planning for Parents of Children with Special Needs
October 19, 2023

As parents, our commitment to safeguarding and supporting our children knows no bounds. This dedication holds especially true when it comes to children with special needs. Ensuring their well-being and financial security stands as a primary concern for every loving parent. And when it comes to securing their future, comprehensive estate planning emerges as an invaluable tool.

 

Families with children who have special needs often face a unique set of challenges. These challenges can include medical expenses, therapy costs, and the need for ongoing care and support. It's crucial to recognize that your child's eligibility for government assistance programs may be impacted by any inheritance or assets they receive.

 

Special Needs Trusts

 

One of the most valuable tools in estate planning for parents of children with special needs is the Special Needs Trust (SNT). A Special Needs Trust is designed to provide for the needs of the child while preserving their eligibility for government benefits like Medicaid and Supplemental Security Income (SSI).

 

Key Benefits of a Special Needs Trust

 

  • Preservation of Eligibility — Assets held in the trust do not count against the child's eligibility for government assistance programs.


  • Supplemental Care — The trust can be used to provide supplemental care, covering expenses not met by government assistance.


  • Professional Management — A trustee can be appointed to manage the trust and make distributions in the best interest of the child.


  • Peace of Mind — Parents can have peace of mind knowing that their child's financial future is secure.

 

Choosing a Trustee

 

Selecting a trustee is a critical decision. The trustee will manage the trust and make decisions about disbursements. Many families opt for professional trustees, such as financial institutions or experienced law firms like Deppman Law, to ensure that the trust is managed correctly and in compliance with the law.

 

Letter of Intent

 

In addition to a Special Needs Trust, parents can create a Letter of Intent. This is a document that provides detailed instructions to the child's caregivers and trustees about their daily routines, preferences, and other important information. While not a legally binding document, it serves as a valuable resource for those who will be caring for your child in your absence.

 

Regular Reviews and Updates

 

Estate planning is not a one-time event; it's an ongoing process. As your child's needs evolve and your financial situation changes, it's crucial to review and update your estate plan to ensure it remains relevant and effective.

 

Deppman Law — Your Vermont Estate Planning Partner

 

Navigating the intricacies of estate planning for parents of children with special needs can be a daunting task. Deppman Law is here to help you every step of the way. Our experienced attorneys understand the unique challenges families face and we are dedicated to creating comprehensive estate plans that address your child's specific needs. Contact us today for a consultation and take the first step in securing your child's future. Your child deserves the best, and we are here to make that a reality.

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People frequently wait to contact a lawyer until a problem feels urgent or unavoidable. By that point, costs may be higher and stress levels are often elevated. In many situations, speaking with a lawyer early can help prevent small issues from becoming much larger ones. Here are some common scenarios where early legal advice can make a meaningful difference. Before Signing a Contract Whether it’s a lease, business agreement, vendor contract, or settlement document, contracts carry long-term consequences. A quick review before signing can help identify unclear terms, unexpected obligations, or risks you may not have noticed. During Major Life Changes Events like marriage, divorce, having children, or buying property often trigger legal considerations. Early guidance can help ensure important steps—such as updating estate plans or addressing property rights—aren’t overlooked. When Starting or Growing a Business Choosing the right business structure, drafting agreements, and understanding liability risks are much easier at the beginning than after problems arise. Early legal planning can protect both personal and business assets. If a Dispute Is Developing If tensions are rising with a tenant, business partner, neighbor, or family member, early advice can help you understand your rights and avoid actions that could escalate the situation or weaken your position. After an Injury or Property Incident Whether you were injured or someone was hurt on your property, early legal input can help preserve important information and guide next steps before statements are made or deadlines are missed. Talking to a lawyer doesn’t mean you’re headed for court. In many cases, it’s about understanding your options, clarifying risks, and making informed decisions before a situation becomes more complicated. Call Deppman Law PLC If you’re facing a legal question or simply wondering whether you should speak with an attorney, Deppman Law PLC is here to help. We offer practical guidance designed to address issues early and thoughtfully. Contact Deppman Law PLC to schedule a consultation and get clear answers before problems grow.