Parents and grandparents of a special needs child should plan carefully for unique circumstances
Caring For Your Child After You Pass
As a parent, you want to protect your child, even when you may not be around. Make sure to care for them in the event of your death as well. If your child is a minor, you will need to designate a new Caregiver and provide this person with the authority to make decisions for your child on his behalf. Additionally, you will need to establish a Special Needs Trust and name a Trustee who will control and distribute your child’s inheritance for his care and well-being.
Passing Inheritance to the Child
Depending on the capacity of the child, it is likely she cannot directly inherit monetary gifts. But she could receive the benefit of your gift through a Trust. However, you want to ensure that your gift does not jeopardize any government assistance she may be receiving. In this case, you should set up a Special Needs Trust to provide for her.
Celebrating the Child’s 19th Birthday
The day your special needs child turns 19, he becomes an adult. If he still requires your care, you need to be appointed his guardian. Authority over an adult child does not automatically happen – parents must be legally appointed a Guardian. A Guardianship Proceeding is required to remain his primary caretaker and make decisions on his behalf.
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