---
title: 'Checklist: Estate planning for your special needs child'
description: Kids with severe learning disabilities may require special estate planning. This checklist can help you start making plans to secure your child’s future.
slug: checklist-estate-planning-for-your-special-needs-child
author: Annie Stuart
reviewer: Tara Anne Pleat, JD
published: '2019-10-16T11:44:16.087Z'
thumbnail: https://cdn-images.understood.org/p0qf7j048i0q/4836CB8CB0AB403697585BDC72C230A0/1745fd4b79e84e8ae54bc198fa2637e8/89794413.jpg
source_url: https://www.understood.org/en/articles/checklist-estate-planning-for-your-special-needs-child
lang: en
---

# Checklist: Estate planning for your special needs child

Estate planning for a child with severe learning disabilities requires [special approaches](https://www.understood.org/en/articles/long-term-financial-planning-for-child-with-special-needs). 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.

---

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