Estate Planning for Children with Special Needs

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A Special Plan
Regarding planning for children with special needs, many clients haven't ever properly addressed the nuances of special needs planning which can be complicated and subject to dangerous misunderstandings.

Academy of Special Needs Planners Featured on CBS TV News - November 27, 2008
ASNP Co-founder Harry S. Margolis appears in a segment titled "Families with Special Needs Kids Seek Advice" on CBS Boston's affiliate News Channel WBZ TV. Follow link above to see the video. Type in "Special Needs Families" in the search field. The story originally aired on the November 27th nightly news program. Click here to read the text version "Special Needs Planners Help Families Get Care".

Caring for a Special Needs Child - Difficult Questions, Difficult Answers (Corp - 9/1/07)
Parents with a special needs child worry most about what will happen to that child when they are no longer able to care for him or her...planning for the child’s life after the parent’s death can become complicated.

Estate Planning for a Family with a Special Needs Child (ABA - 7/09)
This article is a general overview of issues that a lawyer may need to address when preparing an estate plan for a family with a special needs child.

Estate Planning for Special Needs Children - Special Needs Trust (Disabilities Blog - 3/23/09)
Parents generally face challenges when it comes to estate planning needs for their special children.

Exceptional Parent Magazine (November 2008)
This entire is devoted to Financial, Estate and Tax Planning for those with special needs. The site requires a one-time free registration to access the magazine. After registration, use the following link: November 2008.

Financially Preparing for Special-Needs Kids (Elder Law Attorney - 10/20/08)
A good, simple overview of planning for a child with disabilities.

Funding a Special Needs Trust: How Much is Enough? (Academy of Special Needs Planners - Sept. 2007)
As a parent or guardian, you want to ensure that your child with special needs will remain financially secure even when you are no longer there to provide support.

Maximizing Resources for Your Disabled Child (Legacy - 12/10/08)
A little primer on Special Needs Trusts and how they help families plan for the future of their children with disabilities.

Planning a Future for an Adult Child with Disabilities: Steps to Take Now to Ensure Their Tomorrow (Ohio.gov)
Among the many challenges facing parents of children with special needs is planning for the time when the parents will no longer be around to act as the primary caregivers. A generation of parents who have cared for their children with developmental disabilities at home now face their own old age and the prospect that their children may outlive them.

Planning Matters: How to Provide for Special-Needs Children (The Times Herald.com - 12/28/08)
Special-needs children also may be on some form of governmental assistance, such as Supplemental Security Income, Social Security Disability Income or Medicaid.

Some Gifts Take More Than They Give (Register-Herald - 12/19/08)
"Families of children with special needs must be very careful about accepting gifts from well meaning friends and family....Families have literally lost thousands of dollars in aid and services because they didn’t know how to plan.”

Special Needs Trusts Can Provide for Disabled Children (Post-Gazette - 8/18/09)
After eagerly anticipating the birth of their first child seven years ago, Shawn and Sharon Widenhofer found themselves embarking on a parental journey they had not planned for when they learned their daughter, Sarah, had been born with Down syndrome.

The Effect of Military Survivor Benefits on a Child With Special Needs (Academy of Special Needs Planners - 6/30/2008)
When retirement looms, many military families with children with special needs face a decision about whether or not to choose the Survivor Benefit Plan (SBP) retirement option. Receipt of SBP payments could jeopardize the child's eligibility for SSI and Medicaid.

Think About a Special Needs Trust (Chadd Leadership Blog - 12/3/08)
Ever think about how you will provide for your child with special needs once you are no longer around? Any family with a child who has significant special needs should consider establishing such a trust.

Writing a Memorandum of Intent for a Special Needs Child (Donald D. Vanarelli Blog - 11/7/08)
How can you ensure that your special needs child will remain well cared for and secure once others assume the role of guardian or caregiver? Also see sample Letter of Intent.

Establishing a Special Needs Trust for your Child with a Disability (Law Office of Steven Ratner)
How can you plan for the financial future of your child to balance private resources of a family with public assistance?

Planning with Special Needs Youth Upon Reaching Majority: Education and Other Powers of Attorney
An education power of attorney as an appropriate, but simple planning tool for an adult, mentally competent, disabled child.