Raising a child with a developmental or intellectual disability involves constant care, advocacy, and planning. Daily life can feel overwhelming—and long-term decisions are just as important. Raising a child with a developmental or intellectual disability (commonly referred to as special needs) involves constant care, advocacy, and planning. Daily life can feel overwhelming; however, long-term decisions are just as important. That’s why one of the most meaningful steps you can take is to create a special needs estate planning strategy. Doing so ensures your child’s future is protected—even if you’re ever unable to be there in person.
Below are three critical special needs estate planning steps every parent of a child with support needs should take.
How Special Needs Estate Planning Protects Your Child
1. Appoint a Legal Guardian
Your Last Will and Testament should clearly name a guardian who will assume legal custody of your child if you (and your spouse or co-parent) pass away. If you don’t make this designation, the court will decide who takes over—and that decision may not reflect your wishes or serve your child’s best interests. Appointing a guardian ensures that someone you trust will continue to care for your child and advocate for their needs.
2. Use a Special Needs Trust in Your Estate Plan
Leaving money or property directly to a child with a disability can unintentionally create problems. A Special Needs Trust allows you to appoint a trustee to manage those assets on your child’s behalf. This protects the child’s eligibility for public benefits and ensures that the funds are used in a way that truly supports their long-term well-being. Learn more about a Special Needs trust here.
3. Protect Access to Public Benefits
Government programs like Supplemental Security Income for Children (SSA) and Medicaid have strict income and asset limits. An inheritance or direct financial gift can jeopardize a child’s eligibility. For this reason, incorporating a Special Needs Trust into your estate plan—or including provisions in your will for a testamentary trust—can help ensure your child remains eligible for critical services.
When you’re ready, whether to begin special needs estate planning or to update your current plan, Triangle Estate Lawyers is here to guide you every step of the way.
1 We use the term “special needs” throughout this article because it reflects common legal and parenting language. We recognize that some families and individuals prefer alternatives such as “disabled” or “a person with a disability,” and we respect all language choices.