Why families with children with special needs need to establish a trust and guardianship

If you have children, you know how important it is to make plans for them in case you pass away unexpectedly. While no one really wants to think about this possibility, you never know what the future holds, so it’s vital that you make arrangements to find out who will care for your children after you’re gone. However, if you have a child with special needs, planning for the future is even more important. If you have a unique family situation, use these tips to make sure your loved ones are well taken care of.

What is guardianship?

In typical situations, parents will appoint a guardian, someone who will care for their children until they reach the age of 18. However, in families with children with special needs, sometimes the responsibility does not end when the child turns 18. Depending on the child’s requirements, he or she may require full-time medical care or assistance long after the age of 18.

Guardianship of a child with special needs can require a lot of patience, which means you must select your guardian carefully. In many cases, parents who have performed these day-to-day caregiving tasks have support systems in place, but guardians who find themselves thrust into this position may not have the patience, support, or coping mechanisms to care for a child. child with special needs. . Before naming someone, make sure they fully understand what guardianship could mean in their day-to-day life.

Why is a special needs trust important?

A regular trust can help support your dependents after you are gone. The money is placed in a trust, where it is held until the child reaches a specified age, usually 18, 21, or 25. Before that, a trustee makes sure the money is used for qualified expenses, like educational and medical costs.

However, if you have a child with special needs, your requirements may be quite different. Some children qualify for government assistance, and if the money is placed in a regular trust, it may need to be emptied before he or she will qualify for government assistance. A special needs trust is untouchable, which can help protect assets while still qualifying the child for help.

Who can help with these problems?

Some parents think that they can simply download a few forms from the Internet and complete the trust and guardianship documents in just a few minutes. However, this is a terrible idea. You are protecting what is most precious in your life: your children. For this reason, it is important that you contact an experienced probate attorney. He or she will be able to help you determine what your family needs to have your children cared for after you are gone.

To find a local estate planning attorney, ask your friends, co-workers, and family members if they have any recommendations. Having a personal recommendation can help ensure that you will be satisfied with a lawyer’s service and that you can be sure that your family is protected.

Leave a Reply

Your email address will not be published. Required fields are marked *