Estate Planning for Families with Special Needs Children: Securing Their Future

Raising a child with special needs brings both joys and challenges. Among them is making sure your child is financially and legally protected for the long term. Thoughtful estate planning can give you peace of mind knowing your loved one will be cared for, both now and in the future.

In this article, we’ll explore how families in San Jose (and throughout California) can create a plan that ensures security and stability for their child with special needs.

Why Estate Planning Matters for Families with Special Needs Children

Every parent wants to protect their child, but for families with special needs, traditional estate planning isn’t enough. A well-meaning inheritance can actually cause problems if it’s not structured correctly. 

For example, if your child receives government benefits such as Supplemental Security Income (SSI) or Medi-Cal, a direct inheritance could make them ineligible for that support. Estate planning helps you provide financial resources without jeopardizing benefits that may be crucial to their care.

Key Tools to Include in Your Special Needs Estate Plan

Special Needs Trust (SNT)

A Special Needs Trust is one of the most effective tools for protecting your child’s future. It allows you (or other loved ones) to leave money for your child’s benefit, while keeping them eligible for essential public benefits. 

The funds in the trust can be used for things like education, transportation, therapies, or recreation, improving your child’s quality of life without disqualifying them from government programs.

Guardianship or Conservatorship for Children with Special Needs

As your child reaches adulthood, you may need to establish legal authority to continue making important decisions for them. Depending on your child’s needs, this might mean setting up a guardianship or conservatorship. Planning ahead ensures continuity of care and decision-making when your child turns 18.

Letter of Intent

While not a legal document, a Letter of Intent is an invaluable part of your plan. It shares personal details about your child’s daily routines, preferences, and care instructions, helping future caregivers understand your child’s needs, personality, and what makes them happy.

Choosing the Right Trustee 

Selecting a trustee to manage your child’s Special Needs Trust is a big decision. You’ll want someone who’s financially responsible, trustworthy, and compassionate. Some families choose a professional or corporate trustee to ensure expertise and impartiality.

Planning Early Means Greater Peace of Mind

Estate planning can feel overwhelming, but starting early allows you to make thoughtful, informed decisions. It also means your plan can evolve as your child’s needs change over time. 

Whether you’re just beginning to think about the future or ready to formalize your plan, working with an experienced estate planning attorney can make all the difference.

Secure Your Child’s Future Today

At Lonich Patton Ehrlich Policastri, we understand that every family’s situation is unique, especially when caring for a loved one with special needs. Our San Jose estate planning attorneys can help you design a comprehensive plan that protects your child, preserves benefits, and brings lasting peace of mind. 

Contact us today to schedule your free consultation and take the first step toward securing your family’s future.

 

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.