Estate Planning Options Available for Individuals with Special Needs Children

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Parents of special needs children are often consumed with ensuring the day-to-day needs of their children are met, leaving little time to consider the future. The process of estate planning for special needs children can be complex, making it something that gets put off, sometimes until it’s too late. Fortunately, a skilled professional can help create the long-term plan you need to offer you lasting peace of mind and financial security for your loved one. 

Purpose of Estate Planning for Special Needs

Estate planning for special needs is particularly important because most people with disabilities receive some type of public benefits. One of the primary purposes of estate planning is to preserve those benefits for the disabled person after your death while also enhancing their quality of life through an additional pool of funds. 

Simply leaving money to someone in a will won’t accomplish this goal because the child will suddenly have too much “wealth.” This would either reduce their SSI and Medicaid eligibility or render them ineligible for future benefits. To continue receiving public assistance benefits, a specific type of estate plan is necessary. 

The Role of a Special Needs Trust in Estate Planning

When it comes to securing the long-term financial well-being of a special needs child, whether or not they have reached adulthood, parents and guardians must plan carefully. Special Needs Trusts (SNTs) are the foundation of estate planning for individuals with disabilities because they allow assets to be set aside without jeopardizing government benefits like Supplemental Security Income (SSI) and Medicaid. There are several different types of SNTs:

Third-Party SNTs

These trusts are funded by someone other than the beneficiary, such as the child’s parents or grandparents. A designated trustee will manage the assets within the trust so they provide for the beneficiary’s needs. When the beneficiary passes away, the remaining assets in the trust can be distributed to other designated heirs, meaning they are not subject to Medicaid payback. 

First-Party SNTs

A First-Party SNT is primarily funded by the beneficiary’s own assets, such as money received from lawsuit settlements or an inheritance. There are more strict requirements for these trusts. There is a Medicaid payback provision, meaning Medicaid will be reimbursed from the trust for covered expenses after the beneficiary passes away. Also, this type of trust usually must be created before the beneficiary turns 65. 

Pooled Special Needs Trusts 

This type of special needs trust is managed by a non-profit organization. It offers beneficiaries flexibility because accounts are managed under the umbrella of a larger overall trust. 

Establishing and Administering a Special Needs Trust

While SNTs are valuable estate planning tools, they’re not something you can create on your own. You’ll want to consult with a knowledgeable estate planning attorney who can help guide your choices and ensure that the trust you establish is appropriate to your needs and meets all of your state’s legal requirements. 

Once the trust is legally established, you’ll need to fund it. This involves placing accounts into the name of the trust. You will also need to name a trusted person as the trustee who will administer the trust and ensure the terms and your wishes are adhered to. 

Special needs trusts also have guidelines that outline how the money can be used. For example, the funds are available to cover a wide range of expenses, such as housing, medical costs, equipment, education, and personal needs. They can’t, however, pay for expenses already covered by government benefits. 

Other Estate Planning Tools for Special Needs Children

In addition to a special needs trust, you may wish to consider some other essential estate planning tools, such as:

  • Set up an ABLE Account, which is a tax-advantaged savings account that lets you save up to $15,000 a year without jeopardizing government benefits. 
  • Create a last will and testament to cover items not listed in your trust. 
  • Name a trusted family member or friend as a guardian or conservator while your child is still a minor. 
  • Set up a Power of Attorney (POA) to designate a person who has the legal right to handle your financial affairs if you’re unable to do so. 
  • Create a living will to give direction regarding your health care wishes should you become incapacitated. 

Everyone needs an estate plan, but families with special needs children should make this one of their highest priorities. Louisville Estate Planning Attorney is dedicated to providing those searching for information about estate planning, wills, trusts, and other tools with the information they need to make the most informed decisions about their future. 

What Is a Living Will/Advance Healthcare Directive?

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If something happens and you can’t voice your own medical decisions, you want the proper legal documents in place so loved ones and medical professionals can carry out your wishes. In most states, these are referred to as a living will and advance healthcare directive. Planning ahead with these vital estate planning tools allows you to ensure your choices are honored and provides peace of mind to you and your loved ones.

What is a Living Will?

A living will is a legal document that outlines for medical providers how you want to be treated should you be unable to make your own decisions. In a living will, you can state which common medical treatments you wish to have and which ones you don’t want, as well as under what conditions each of your choices would apply. 

A living will is not the same as a last will and testament, which is a separate estate planning document. That document outlines what you want to happen with your estate, which is your financial assets when you pass away. It can also dictate end-of-life arrangements and your wishes for the care of minor children or adult dependents. 

Types of Decisions Covered in a Living Will

When you create a living will, you can share your preference about the use of many different types of treatments that could be used to save or sustain your life. Some of these include:

  • CPR — This procedure is used to restore a person’s heartbeat after their heart stops or becomes dangerously abnormal. Defibrillation, which is electric shocks, and medicine might also be used during this process. Many older adults who have chronic medical conditions decide that they don’t want these life-saving measures, so specify a do-not-resuscitate (DNR) in their living wills. 
  • Ventilators — If you are not able to breathe normally, you might require a ventilator, which requires the insertion of a tube into the throat. Many people find this uncomfortable and invasive, so specify either that they don’t want a ventilator or would rather have one inserted through a hole in the trachea for assistance with breathing. 
  • Pacemakers and ICDs — Some people have pacemakers or implantable cardioverter-defibrillators (ICDs) that will shock their heart back into normal heartbeat. It’s possible to ask that this be turn off if you decline other life-saving measures. 
  • Hydration and Artificial Nutrition — If you are unable to drink or eat, fluids and nutrients may be delivered through a feeding tube or IV. These can be inserted temporarily or surgically for a more extended period. Artificial nutrition can be helpful when recovering from an illness. However, studies have shown that it does not meaningfully prolong life. 

In your living will, you also have the option of documenting other important preferences, such as tissue and organ donation. 

What’s the Difference Between an Advance Directive and a Living Will?

While many people use these terms interchangeably, they aren’t necessarily the same thing. An advance directive is any type of legal document that addresses your wishes about your future medical care. A living will is a type of advance directive. 

However, an advance healthcare directive can be broader than a living will because it can include other documents. Other legal documents you can include with this are a psychiatric advance directive, a healthcare proxy, a do-not-resuscitate (DNR) order, and a medical power of attorney. Your estate planning attorney can help guide your choices so nothing falls through the cracks. 

Why It’s Important to Manage Your Advance Medical Directive

As we grow older, our needs and preferences change as our health situation and beliefs evolve. An advance directive you put together in your 30s may not reflect your wishes in your 50s or 70s. Your life situation may have also changed with regard to divorce, re-marriage, and children. 

If you’ve moved, it’s a good idea to consult with an estate planning attorney in your area who understands the local laws. Keep the originals of your documents in an accessible place and give copies to your healthcare proxy, physicians, and attorney. 

Making a Living Will and Advance Healthcare Directive Part of Your Estate Plan

To protect their interests and ensure their wishes are followed, most people have both a living will and advance healthcare directive as part of their estate plans. Louisville Estate Planning Attorney is dedicated to providing people who are interested in protecting their financial future with the information they need to make the right decisions. We can connect you with an experienced estate planning attorney who will offer skilled guidance on advance directives, wills, trusts, and other estate planning strategies. 

The Importance of Estate Planning: Securing Your Legacy

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Estate planning is commonly associated with the wealthy, but the truth is that it’s a vital process for everyone. From ensuring your wishes are respected to protecting your assets to creating a lasting legacy for loved ones, estate planning offers a variety of benefits. Here’s why estate planning is essential and the ways it can safeguard the financial well-being of yourself and those you love.

What is Estate Planning?

Estate planning involves a series of strategies and legal documents that outline how your assets will be managed and distributed upon your death or should you become incapacitated. The foundation of an estate plan is a will, but most well-rounded plans also include a trust, durable power of attorney, and advance healthcare directives.

The Importance of Estate Planning

Estate planning is an essential but often overlooked aspect of financial planning and management. While it may not be the most pleasant thing to do, the importance of it can’t be understated. Here are some of the primary reasons estate planning should be one of your top priorities.

1. Protect Your Loved Ones

One of the most important reasons to have an estate plan is that it ensures the financial security and well-being of those you care about. A clear plan will specify how and when to distribute assets and even designate guardians to take care of minor children.

2. Manage Assets

As you continue to accumulate assets over your lifetime (investments, property, savings, possessions), it’s essential to have a plan in place so that property is passed along to the people you want.

3. Avoid Probate

When you craft an estate plan, the assets you place into a trust can avoid probate after you pass away. This helps your loved ones avoid a costly and time-consuming legal process.

4. Minimize Tax Liabilities

Estate planning not only distributes your assets efficiently, but it also can minimize your tax liability if the value of your estate reaches above certain thresholds.

5. Avoid Family Disputes

Not being clear about your wishes can lead to stressful and costly family disputes. Your estate plan can provide clear instructions that will minimize these tensions and potential disputes.

6. Plan for Incapacity

Your estate plan also gives you the opportunity to specify how you want your affairs handled if you become mentally or physically incapacitated. Specifically, you can create advance directives that appoint a trusted person to make medical and financial decisions on your behalf.

7. Maintain Control Over Your Legacy

Creating an estate plan allows you to have lasting control over your legacy. You get to determine how your assets are distributed and who will take care of your dependents. Without an estate plan, the state of Kentucky will make these decisions.

8. Gain Peace of Mind

The sooner you create an estate plan, the sooner you will have the peace of mind of knowing your loved ones are protected because your financial and other affairs are in order.

Louisville Estate Planning Attorney is dedicated to providing people who are interested in securing their financial future with the information they need to make sound decisions. We can connect you with a Kentucky estate planning attorney that will offer knowledgeable guidance on wills, trusts, and other estate planning strategies.