
Estate Planning Can Address a Troubled Child
Every family has one–or maybe more–black sheep. They’re people who march to their own drum and handing them an inheritance could be problematic.

Every family has one–or maybe more–black sheep. They’re people who march to their own drum and handing them an inheritance could be problematic.

It is critical that parents and grandparents give careful thought to any gift of money or bequest in an estate plan, when the recipient has special needs.

If you are the parent of a person with special needs, you are well aware that the role you play is very different than it may be for other children. Properly planning to meet their financial needs, both in the immediate and long term, is a critical part of supporting your child. This support must often continue well past the typical age of adulthood, which means parents need to put in place financial tools to care for their children, in the event of the parents’ death.

Estate planning generally focuses primarily on lifetime protection and post-death distribution of assets. Special needs planning focuses primarily on the individual beneficiary’s lifestyle and care needs.

Estate planning is all about ensuring that your wishes are met after your death. All estate plans should include a will and powers of attorney. However, in many cases, a trust has additional benefits beyond what can be accomplished with the will and powers of attorney.

As a result of illness, old age or incapacity, what may happen when you can no longer handle your own decision-making, handle your own money or make your own health care choices? Who can step in to help and how are they empowered?

LOIs may also include whatever you think may help the people you leave behind or who would take over if you are not capable.

Finding and elder law attorney is as easy as googling, “elder law attorney near me.” Anyone can find an elderly law attorney but finding the right one is where things get a tad difficult. If you want your elder law case to be in the right hands, then you might have to do a bit of digging.

Having a child with special needs can come with all sorts of unique challenges from a financial and estate planning standpoint. Public benefits, for example, can play a huge role in anticipating how much money your child will need down the road in your later years, as well as when you’ve passed away.

Estate planning documents often are treated like the photocopied permission slip for a child’s field trip. You fill in your name, include the children’s names and dates of birth and sign. The document is filed away to be used if needed, but you really never expect it to be used.