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.


June 20, 2025
Estate planning may sound like something only the wealthy or elderly need to worry about, but in truth, it’s an essential part of life planning for every adult—regardless of age, wealth, or family structure. Whether you're a small business owner in Montpelier, a retiree in Middlebury, or a young parent in Burlington, having a clear and legally sound estate plan can protect your loved ones, preserve your assets, and provide peace of mind. In Vermont, as in most states, there are five core documents that form the foundation of a comprehensive estate plan. Each plays a specific role in ensuring your wishes are respected and your affairs are handled according to your preferences—both during your lifetime and after your death. Here’s a closer look at the five essential estate planning documents every Vermonter should have: 1. Last Will and Testament A will is the cornerstone of any estate plan. It outlines how you want your assets to be distributed after your death and names an executor to manage your estate. If you have minor children, your will is also the document where you nominate a guardian for them. Without a will, your estate will be distributed according to Vermont’s intestacy laws—which may not reflect your wishes. This process can be time-consuming, emotionally draining for your family, and lead to unintended outcomes. Even if your estate is modest, a will ensures clarity and can help your loved ones avoid unnecessary legal complications during an already difficult time. 2. Durable Power of Attorney A durable power of attorney (POA) allows you to name someone to handle your financial and legal affairs if you become incapacitated. This could include paying your bills, managing investments, filing taxes, or making other important decisions on your behalf. In Vermont, a POA remains in effect even if you become mentally or physically unable to manage your own affairs—hence the term durable. Without a POA, your loved ones may have to go through a costly and time-consuming court process to gain the authority to act on your behalf. Choosing a trusted agent now can spare your family considerable stress later. 3. Advance Directive for Health Care Also known as a health care proxy or medical power of attorney, an advance directive allows you to appoint someone to make medical decisions for you if you are unable to do so yourself. This includes decisions about life-sustaining treatments, organ donation, and end-of-life care. Vermont has a specific form for advance directives, and completing one ensures your health care wishes are known and legally binding. Without this document, important medical decisions may fall to someone who doesn’t know your preferences—or disagreements among family members could create unnecessary tension. 4. HIPAA Authorization The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of your medical records, but it can also make it difficult for loved ones to access information in an emergency. A HIPAA authorization allows you to name individuals who can access your medical records and communicate with your doctors. This is especially important if you have multiple family members who may need to coordinate your care or advocate on your behalf. Without this document, your loved ones may be left in the dark at a time when fast, informed decisions are critical. 5. Revocable Living Trust (Optional, But Strongly Recommended) While not every Vermonter needs a revocable living trust, it can be a powerful tool—especially if you own real estate, have a blended family, or want to avoid probate. A revocable living trust allows you to transfer ownership of your assets into a trust during your lifetime, with instructions for how they should be managed and distributed. You retain control of the assets while you're alive, and after your death, they can be distributed without going through the Vermont probate process. A trust also provides greater privacy, flexibility, and control, and can be particularly helpful for managing out-of-state property or planning for incapacity. Take Control of Your Legacy Estate planning isn’t just about preparing for the unexpected—it’s about making intentional decisions that protect your family, safeguard your assets, and reflect your values. At Deppman Law PLC, we help individuals and families throughout Vermont create customized estate plans that meet their specific needs—no matter how simple or complex. Whether you’re starting from scratch or need to update existing documents, we’re here to guide you through every step with care and clarity. Contact Benj or Lesley today to schedule a consultation and begin building your estate plan with confidence.
May 18, 2025
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