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How can an estate plan help your child with special needs?

On Behalf of | Jun 15, 2023 | Special Needs Trusts |

Estate planning plays a vital role in safeguarding the financial security and care of individuals with disabilities. A key component of an effective estate plan for a child with special needs is the establishment of a Special Needs Trust (SNT).

An SNT is a legal instrument designed to help protect the assets and eligibility for government benefits of individuals with disabilities. This trust allows for the seamless management of financial resources without jeopardizing the beneficiary’s access to essential support programs.

Creating a special needs trust

A comprehensive trust document outlines the following:

  • The beneficiary’s specific needs
  • Instructions for asset distribution
  • Guidelines for the trustee’s responsibilities

You’ll also need to fund the trust with assets such as cash, investments, real estate and/or life insurance policies that the trustee will manage on behalf of the beneficiary.

How an SNT help protect and manage your child’s assets

Establishing a special needs trust can provide a protective shield for your child’s assets. This shield can safeguard their inheritance or any financial resources allocated for their benefit. The trust helps ensure that the assets are managed wisely and utilized to enhance their quality of life without disqualifying them from crucial government assistance.

Setting up an SNT for your child with special needs preserves their eligibility for vital government benefits such as Supplemental Security Income (SSI) and Medicaid. The trust is structured to supplement, not replace, these benefits.

The importance of the right trustee

In creating an SNT, you need to designate a trustee who will be responsible for managing the trust’s assets for the beneficiary. This needs to be done according to the guidelines outlined in the trust document.

The trustee must make informed financial decisions, invest prudently and disburse funds for the beneficiary’s needs. This arrangement can offer peace of mind, knowing that your child’s resources are secure and will be utilized appropriately after you’re gone.

Protecting your child with special needs requires a comprehensive approach encompassing their financial well-being and the continuity of their care. Establishing an estate plan that includes a special needs trust can provide a strong foundation for their future.