A family with a special needs child faces many challenges, but perhaps none is more wrenching than trying to deal with an uncertain future and make an estate plan for that child. Parents want to ensure the financial well-being of their disabled child, and the needs of such a child may continue long after the parents are gone.

For most persons with disabilities, losing eligibility for benefits is not an option. Persons with disabilities often rely on public benefits to pay or supplement the cost of attendant care, medical care, wheelchairs and rehabilitation. Public benefits may also provide for other basics such as food, clothing, and shelter. Historically, families resorted to the very unsatisfactory arrangement of either disinheriting the disabled person or leaving the disabled child's share to siblings to avoid losing benefits. A much better solution is the special needs trust.

Our firm can assist you with setting up the appropriate Special Needs Trust so that government benefits will be preserved. A Special Needs Trust protects eligibility by supplementing, rather than replacing essential government benefits that your child may be receiving or might later be eligible for from various government assistance programs.

Special needs are any items that are essential for maintaining the comfort and happiness of the disabled person and are not being provided by any public or private agency. Special needs include medical and dental expenses not covered by Medicaid, annual independent checkups, equipment, training, education, treatment, rehabilitation, eyeglasses, transportation (including vehicle purchase and maintenance), insurance (including payment of premiums on life insurance for the beneficiary), and essential dietary needs. They may also include electronic equipment such as radios, CD/DVD players, television sets and computer equipment; camping, vacations, athletic contests, movies and travel; money to purchase appropriate gifts for relatives and friends; payments for a companion or attendant; and other items to enhance self esteem.

Special Needs Trusts can be either stand alone trusts funded with a separate asset like life insurance or to which contributions can be made during your life, or they can be a sub-trust of your own living trust.