Planning Ahead: Estate Planning for a Child with Special Needs
Estate planning takes a unique approach when you have a child with special needs. Parents often face tough questions about their child’s future — how they will live, work, and receive care as they grow older. Planning early gives your family peace of mind and helps ensure your child’s needs are met throughout their life.
Looking Toward the Future
Planning for a child with disabilities involves many important factors:
- What is your child’s long-term medical outlook?
- What kind of support or care will they need?
- Could medical or technological advances change their needs?
- Which government programs will they qualify for at age 18?
- How will your estate plan adapt as they gain independence?
Answering these questions helps you create a plan that protects your child and allows flexibility for the future.
Involving Your Child in the Process
State laws often encourage families to include individuals with special needs in decisions about their care whenever possible. Consider your child’s current and future abilities:
- Can your child express their wishes about daily life and care?
- Can they manage everyday activities such as eating, bathing, or dressing?
- Are they able to work, volunteer, or travel independently?
- Will assisted living or outside care likely be needed later?
Understanding your child’s abilities helps you and your attorney design a plan that fits their needs and abilities.
Building Flexibility Into Your Estate Plan
Flexibility keeps your special needs estate plan strong as life changes. Health conditions, benefit programs, and family circumstances can shift over time. A flexible plan gives you the freedom to adjust when needed.
Families with enough private assets can manage funds through a discretionary trust under the direction of a trusted person. If your child will rely on government assistance, a careful legal structure protects eligibility and avoids costly mistakes.
Why a Special Needs Trust Matters
A special needs trust (SNT) helps parents provide for a disabled child without risking government benefits like Medicaid or Supplemental Security Income (SSI). The trust pays for needs that public programs do not cover — education, therapy, recreation, or travel — and improves quality of life.
If you’re unsure whether your child will qualify for government programs, you can give the trustee the power to create the trust later. You can fund the trust now, or allow assets to flow in after your death from life insurance, other trusts, or your estate. This approach gives your family both security and flexibility.
What Happens Without a Trust
Some parents disinherit their child to keep government benefits intact. This decision often leads to financial and emotional hardship. Without a trust or legal plan, a child may lose critical care or stability. Creating a special needs trust and other estate documents ensures long-term support and financial protection.
A thoughtful plan allows you to define your child’s care, protect their benefits, and provide for their future with confidence.
Start Planning for Peace of Mind
At Aging in Maine, we help families create estate plans that protect loved ones with special needs. Our team understands MaineCare rules, benefit programs, and the emotional challenges that come with long-term planning. Together, we’ll design a plan that offers security for your child and peace of mind for your family.
📞 Call (207) 848-5600 or visit our Contact Page to schedule a consultation and learn how we can help you plan ahead.
