Based on current data, it is estimated that 42 million individuals in the United States are currently living with a disability that would classify them as having special needs. Individuals with special needs may include those diagnosed with:

1. A developmental disorder, such as autism or ADHD;
2. An intellectual disability, such as Down syndrome;
3. A learning disability, such as dyslexia;
4. A physical impairment, such as vision loss or hearing loss; or
5. Other serious or chronic health conditions, such ascystic fibrosis or epilepsy.

Parents of children with special needs often worry about how their child will fare when they are no longer around or able to help. Making plans that address the child’s experience living with physical and cognitive impairments requires careful thought and planning. When looking toward their future, parents must consider their child’s ability to make decisions and find the resources that they need.

At the same time, parents can make specific legal arrangements to protect their child’s best interests. A foundation for continued care can be set up today to ensure that your child has the best possible chance for a successful future.

Special Needs Planning

Achieving your planning goals begins with understanding the financial implications of your loved one’s situation. The top priority is typically providing financial security for your child with special needs. Much of this security will come from government services like Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), and Medicaid.

A special needs trust can help ensure your child is financially provided for in the future. Working closely with a special needs planning attorney to put the such a trust in place can ensure that your child remains eligible for invaluable government programs while also being able to benefit from resources you would like to provide to improve their quality of life.

Creating a Support Team

Beyond securing their financial future, you need to identify your child’s support team. First, if your child has a condition that results in them being unable to make medical or financial decisions for themselves, make sure to name a guardian and backup guardian for them. If your child has a condition that does permit them to make these decisions for themselves, but who relies heavily on a loved one providing assistance, speak with your special needs planning attorney about whether your adult child may be able to execute their own advance directives.

If there is a special needs trust in place, you must appoint a trustee to oversee the trust. If possible, involve your special needs child in the discussions and planning process. Individuals living with a disability want a say in who they’d prefer to have involved (or not) in their lives.

Parents may struggle to trust others with the care of their child. It can be difficult to believe that someone else is capable of providing the same level of care that they do. However, the child’s best interest must be kept in focus. Professional care assistance can relieve the principal care provider, usually the guardian, and give families and individuals with special needs extra flexibility. Options for care may include relatives, personal care professionals, and group homes or supported living arrangements. 

Drafting a Letter of Intent

Parents should draft a letter of intent to help add another layer of protection for their child in the future. Letters of intent can provide a general overview of a child’s life and address family history, your child’s daily schedule, medical care, education, or public benefits on which the child relies. Parents should also consider including information on the following:

• Employment hopes
• Residential social and religious environments
• Behavior management
• Foods (including any allergies)
• Hopes for their future

If you would like to speak with an experienced special needs planning attorney regarding your situation or have questions about something you have read, please do not hesitate to contact our office at 1 (800) 680-1717. We look forward to the opportunity to work with you.