Vincent J. Russo Law & Associates, P.C.

Long Island’s Signature Elder Law, Special Needs and Estate Planning Law Firm

Tuesday, July 13 2010 09:01

What Every Parent who has a Child with Special Needs Should Know about Estate Planning

Written by Vincent J. Russo

Regardless of your child's age or special need, as a parent you want nothing more than to make sure you are doing everything to love, nurture, protect and provide for your child. From the moment your eyes first meet, you experience a flood of emotions – hope, love, fear – emotions that envelop your every thought. You wonder, "Will I make the right decisions?" "Am I prepared for this life-long journey?" and "Who will care for my child if I am no longer here?" Where do you begin? You develop a plan.

Do not think of this as planning for your demise, but rather a life plan. Memorandum of Intent, Decision Making and Government Benefits are key elements.

Chronological age means little for children with special needs. Young or old, the need for special care continues.  A Memorandum of Intent contains instructions to a future guardian or caretaker provided by you the parent – discipline, your child’s preferences for entertainment, friends, groups or clubs.  You can identify all of your relatives and list the names and addresses of physicians, schools, counselors and attorneys. Think of it as a road map to the life of your child.

Detail your financial, healthcare and personal decisions and designate an “agent” to make your financial decisions with Advance Directives such as a Durable Power of Attorney and Health Care Proxy.

Medicaid and SSI are two important Government Benefit programs that provide medical care and services for children with special needs.  SSI provides a monthly stipend to help pay for living expenses and Medicaid can take care of the medical services including therapies and care at home.  Parents can use their own funds to create a Supplemental Needs Trust that will not affect the child’s eligibility for any of these government programs.  If the person with special needs has assets, then a Special Needs Trust can be used to protect them.

Take steps now to protect your child with special needs. Contact us for a planning meeting today!