For the parent of a special needs child, estate planning is essential and a unique area which requires a particular skillset.

Addressing your considerations with compassion

A parent developing a plan must determine how to distribute assets among children – taking into consideration the potential ability of each child to earn a living, the likely financial needs of each child and the assets available. Not only are parents of special needs children juggling the nuanced process of estate planning, but they are also managing the emotional toll this may take on the family.

We are experienced with guiding our clients through the sensitive issues involved in special needs planning. We can help you properly structure your estate plan so that assets can be held in a trust which does not affect the child’s eligibility for these governmental benefits. We have also represented many families petitioning for full or limited guardianship of a special needs adult.

Our guidance includes:

• Preparation of special needs trusts for contributions from third parties and the coordination of wills and revocable trusts to incorporate the special needs trusts
• Preparation of first party special needs trusts
• Guardianship actions
• Preparation of powers of attorney and health care proxies
• Assistance in preparing letters of intent