Taking care of someone with special needs is complicated while you’re still alive, but it becomes much more difficult if you don’t have a documented plan for what happens to this beneficiary if something happens to you. 
Understanding Special Needs Trusts
Estate planning should always be customized to individuals and their intended heirs and beneficiaries. Discussing options, such as a special needs trust can give you peace of mind that your chosen beneficiary will still be eligible to receive government benefits when you pass away. It also gives you some ability to contribute towards their expenses without jeopardizing these important government benefits and options.
Creating an Estate Plan for a Special Needs Beneficiary
The support of a trust lawyer is crucial for understanding your unique family dynamics and some of the primary concerns you may have around a special needs beneficiary. The most common result of failing to plan is that the beneficiary will receive an outright piece of inherited property. If there is no will used or a simple will is used the beneficiary receives that inheritance regardless of any public benefits that they may already be receiving.
This can almost instantly disqualify them from getting those benefits due to a sudden change in financial eligibility, meaning a disruption in their care and medical benefits, or even the possible loss of the inherited assets. Planning ahead strategically is necessary to support a beneficiary with special needs and the sooner you identify an experienced attorney who has helped others navigate this process, the easier it will be to create a plan for your intentions as well.
