Many parents of children with special needs ask themselves: Who will care for my child once I am no longer able to? Where will he or she live? Where will financial support come from? Who will advocate for my child? What will happen when he or she reaches adulthood?
These are common questions, which all should be asked in preparation for when parents can no longer care for their child due to advancing age or death. By planning for your child’s future now, you can establish parameters for the level of care needed in the future and prepare your family for their roles and responsibilities in your child’s future.
Begin Planning Early
A small amount of planning now in preparation for a child’s care as an adult can help parents avoid a crisis in the future. To begin special needs planning, parents should consider meeting with an elder law attorney to having the following documents drawn up: a durable financial power of attorney, a medical power of attorney, a letter of intent, physician’s directive or living will and, if appropriate, a declaration of guardianship. These documents will facilitate the care of your adult special needs child, and will help ensure that he or she will be eligible for public benefits.
For families with loved ones who have special needs planning and preparing for the future takes time and thoughtful consideration. Care options, estate planning and how the special needs person will be cared for when you are gone are common concerns.
Through advances in day-to-day care and modern medicine, people with special needs are living longer, healthier lives, which makes proper estate planning more important for you than ever.
When you have a child or loved one with special needs, many legal documents are needed. Once you have started planning for your loved one’s future, keep these ten documents on hand with your estate planning records:
Finding the best type of education is a top priority for parents and guardians of special needs children. Along with the many other decisions you make when caring for your child, you must decide which type of special education will give your child the support and guidance he or she needs.
Special education programs are created to give students extra support and the specialized education that they need. Because each child is unique, schools work to create an education plan that best suits the student. Here are some common special education options that are traditionally offered in schools.
The care of your child with special needs is extremely important now, but it is equally important in the future. Deciding how to care for your child with special needs after your death or if you become incapacitated is vital. Here are 5 costly mistakes to take into consideration when deciding how to provide the best care for your child in the future.
Mistake #1: Disinheritance.
Do not rely on government supported care programs like SSI or Medicaid. Although these programs provide some benefits, they provide little more than the essentials to survive. These programs also do not guarantee that your child will be looked after once you are gone or if you become incapacitated. A more trustworthy and viable option is establishing a Special Needs Trust. A trust will provide a strong foundation for your child and guarantees that he or she is cared for. Continue Reading Planning for the Future of a Child with Special Needs Five Mistakes that can Cost you →
In order to eliminate problems and excess administrative work for your children and heirs, a bit of planning on your part is helpful. Choose now what you want to do with your assets and create a will, get help with legal agreements, living wills, trusts, etc. In order to do this, you may want to consult an elder law attorney. If you have children with disabilities and you are worried about their care after you are gone, an attorney practicing Special Needs Planning would be a wise choice.
Legal issues that affect people as they age and people with special needs are growing. Our laws are becoming more complex, and each state has different laws. Actions taken with regard to a single matter may have unintended legal effects. It is important that lawyers working with seniors, people with special needs, and their families, have a thorough understanding of the laws that may have an impact on a given situation to avoid future problems. Elder Law and Special Needs Planning encompass many different fields of law. Here are some samples: