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Powell Special Needs Estate Planning

Being the parent or guardian of a person with special needs, you’ve always ensured they get the necessary support. From working closely with administrators from the Powell school system for suitable educational plans to applying for government benefits, looking after someone with developmental or physical challenges is no trivial matter. The need for such care doesn’t end when you’re unable to provide it. Whether due to death or incapacity, there may come a day when you can’t look after your loved one, which is why devising an estate plan for the future is of great importance.


In estate planning, special needs is a broad category of documents and tools to protect individuals with a range of physical disabilities, medical conditions, intellectual difficulties, or emotional problems, including learning difficulties and behavioral problems. The experienced estate planning attorneys at Jarvis Law Office understand the unique challenges facing families caring for a special needs child or adult, and we will guide you through the process of protecting their future with a special needs trust.

Key Elements of Your Special Needs Estate Plan

As your dependent with special needs may lack the ability to stand up for their rights once you’re gone, it’s imperative to record your intentions and collate all necessary documents in a file box that can be located without difficulty. Promptness in organizing this information and embarking on a comprehensive estate planning journey cannot be overemphasized. In your session with our Powell estate planning attorney, we’ll verify that your file includes the following:

  • Guardianship documents naming the person or people appointed to care for the child or disabled person when you can’t.
  • Important legal documents, such as birth certificates, Social Security cards, medical records, prescriptions, and health insurance cards.
  • Letter of Intent, a non-binding document that gives vital information about the child with special needs to his or her future caregivers. This can be details like your child’s sleeping preferences, eating habits and favorite foods, activities and hobbies, and other things that impact his or her routine.
  • Copies of your own advanced health care and financial directives such as powers of attorney, living wills, and health care proxies.
  • A list of major assets such as insurance policies, investments, and bank accounts, and information about where they are located.
  • A list of government benefits your child may receive, as well as copies of completed applications and contact information for caseworkers with whom you have worked.
  • Other documentation, like tax returns for your child and information about housing and educational programs to assist future caregivers.
  • Copies of special needs trusts, living, or insurance trusts that may be in effect.
This file will need to be updated regularly to allow for changes in your dependent’s age, skills, and living situation.

Why a Special Needs Trust is Essential for Your Child's Future

Given their disability, your child likely qualifies for several government-assisted programs that help cover their medical and care needs. This is possible because they don’t own any substantial financial assets. But, if you pass away and leave your assets to them to ensure they’re financially secure, you might unintentionally jeopardize their eligibility for these vital benefits, thereby causing more harm than good.

 

By establishing a special needs trust, however, you can enhance your dependent child’s future quality of life without affecting their access to important benefits. In fact, you can take advantage of a special needs trust even during your lifetime. You can use money from this type of trust to:

  • Cover out-of-pocket medical expenses
  • Pay for additional assistance in the home
  • Purchase assistive devices that are not covered by Medicaid
  • Cover the cost of private tutoring or other educational programs
  • Pay for life-enhancing activities such as theme park admission, movies, athletic teams, vacations, and more
Your child will not lose access to these need-based government benefits as long as the trust money is not used to pay for medical care, food, and housing.

Start Your Journey with Jarvis Law Office Today

Let our Powell special needs estate planning attorney assist you in preparing for the future and enhancing your child’s current quality of life. Reach out to us today to find out how we can help. Although the future might hold many unknowns, your child’s care doesn’t have to be among them.

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Frequently Asked Questions

Special needs estate planning is a highly concentrated area of estate planning that focuses on providing for the future care of disabled individuals while preserving their eligibility for government benefits, such as Supplemental Security Income (SSI) and Medicaid. At Jarvis Law Office, our experienced estate planning attorneys understand the complexities of special needs planning and can help families create comprehensive estate plans that ensure the financial security of their disabled loved ones while maximizing access to public benefits.

A special needs trust is a legal instrument designed to hold and manage assets for the benefit of a disabled individual without jeopardizing their eligibility for government benefits. Trust assets can be used to supplement the disabled person’s needs, such as medical or holistic care expenses, education, or recreation, that are not covered by their public benefits. By establishing a special needs trust, families can provide for the disabled individual’s future care and enhance their quality of life while still receiving necessary government benefits.

Working with elder law attorneys or estate planning attorneys with experience in special needs planning is crucial for ensuring the proper structuring and administration of a special needs plan for your loved one. This might include a special needs trust but could also involve looking at the usefulness of a STABLE or ABLE account. The attorney will help you decide which tool or tools are right for you and your special needs loved one’s future. Any attorney you are considering working with should possess the knowledge and experience necessary to navigate complex government benefit programs, understand asset limits, and create tailored estate plans that meet the unique needs of disabled individuals and their families.


By engaging a professional with extensive experience in special needs trusts and other important planning options, families can have peace of mind knowing that their loved ones will be financially secure and able to access essential benefits.

Yes, a special needs trust can protect both probate and non-probate assets. Probate assets are those that are subject to the probate process upon the individual’s passing. Non-probate assets bypass probate, such as life insurance proceeds or retirement accounts with designated beneficiaries.


A properly crafted special needs plan addresses both types of assets and ensures that they are used to supplement the disabled person’s needs while preserving their eligibility for public benefits.

Possibly, but a Special Needs Trust, STABLE, and ABLE account are not tools you should think about as being interchangeable with each other. There are limitations and restrictions that are built into STABLE and ABLE accounts that do not apply to a Special Needs Trust. Deciding which is right for you and your loved one with special needs is something that an attorney with experience in special needs planning can assist you with by reviewing the pros and cons of each and assisting you in determining which is right for you and your special needs loved one.

Yes, a disabled individual can strive for financial independence while still receiving benefits from the Social Security Administration through special needs planning. Special needs trusts are designed to enhance the disabled person’s quality of life by providing supplemental resources beyond what public benefits cover.


By carefully structuring the trust, families can ensure that the disabled person’s financial independence is supported without jeopardizing their eligibility for crucial government programs, such as Medicaid and SSI. Special needs planning offers a valuable framework for achieving a balance between self-sufficiency and necessary disability assistance.

Please note that the information provided here is general in nature and should not be considered legal advice. It is recommended to consult with a special needs trust attorney from Jarvis Law Office to obtain personalized advice based on your specific circumstances.

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