Checklist: Estate planning for your special needs child

Estate planning for a child with severe learning disabilities requires special approaches. Use this list as a starting point.

Special needs: A letter of intent

• Carefully consider what kind of life you would like for your child.
• Create a letter of intent for future caregivers stating your desires.
• Include your child’s medical history and personal care needs.
• Share this document with family members and friends you trust.
• Regularly review this letter and update it as needed.

Special needs trust

• Learn about Medicaid and Supplemental Security Income.
• See if inheritance will keep your child from being eligible.
• Look into setting up a special needs trust through an experienced attorney.
• Make sure anyone leaving your child money directs it to the trust.
• Decide whether to create the trust while you’re living or as a part of your will.
• Find out how different types of special needs trusts will affect your taxes.
• Select an informed trustee — an individual or financial institution, or both.
• Carefully discuss with a qualified attorney any trust you set up.

Special needs estate planning attorneys

• Look for an attorney with expertise in special needs estate planning.
• Get referrals from local disability organizations, advocacy agencies, and parents.
• Interview special needs attorneys before deciding which one to choose.

Guardianship and conservatorship

• If appropriate, apply for guardianship or conservatorship for a child over age 18.
• Start early. In some states, this can take up to a year to process.
• Consult with an attorney for alternatives to guardianship.