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Special Needs Estate Planning: Securing the Future for Your Loved One

1/6/2025

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PictureSpecial Needs Estate Planning
When caring for a loved one with special needs, planning for their future is crucial. Many families face uncertainty about how to provide for their child or dependent when they are no longer able to. Special Needs Estate Planning is a powerful way to ensure your loved one is cared for without losing access to essential public benefits like Supplemental Security Income (SSI) and Medicaid.

Why a Special Needs Trust?
Simply leaving assets to a person with special needs through a will or inheritance can inadvertently disqualify them from government programs. These benefits are often means-tested, meaning that if a beneficiary’s financial assets exceed a certain threshold, they may lose access to crucial resources like healthcare, housing, or income support.

A Special Needs Trust solves this problem. This type of trust is specifically designed to hold and manage assets for a person with disabilities without affecting their eligibility for public benefits. The funds in a Special Needs Trust can be used for a wide range of life-enhancing purposes, such as:
  • Medical treatments not covered by Medicaid
  • Education and vocational training
  • Entertainment, travel, and hobbies
  • Transportation, including vehicle maintenance
  • Assistive technology and specialized equipment
By using a Special Needs Trust, you ensure your loved one has access to these resources without the risk of losing public assistance.

Setting Up a Special Needs Trust
The process of establishing a Special Needs Trust requires careful planning. You will need to name a trustee, who is responsible for managing the assets and making distributions on behalf of your loved one. It’s important to choose someone who understands both the financial and personal needs of the individual with disabilities. This could be a trusted family member, a professional trustee, or a financial institution.

Additionally, a Special Needs Trust can be either a standalone document or part of a larger estate plan. Many families choose to fund the trust through life insurance policies, ensuring that assets will be available to support their loved one after their passing.

Peace of Mind Through Planning
Special Needs Estate Planning is about more than just financial security—it’s about providing peace of mind for the future. With a well-crafted plan in place, you can rest assured that your loved one will be cared for, their needs met, and their public benefits protected.

By working with an experienced estate planning attorney, you can create a strategy that protects your loved one’s future while maintaining their quality of life.

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    Author

    Colleen J. Watters is a dedicated estate planning and probate lawyer. She also specializes in special needs and pet care planning. A graduate of Lincoln School of Law, a member of the California State Bar since 2008, a native of Sacramento, an active volunteer with the American River Parkway Foundation and the Placer SPCA.

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