Estate Planning for Parents of Children with Disabilities

Whether your child with a disability is a minor or an adult, preparing for your family's future is essential—and the time to plan is now! This is especially important if your child currently receives or may receive needs-based public benefits such as SSI, Medicaid (MaineCare in Maine), and housing benefits. Each child's planning needs are unique and the appropriate strategy depends on factors such as age, capabilities, and family dynamics. However, the overarching goal for parents remains consistent: to ensure their estate supports their child's quality of life while preserving eligibility for critical public benefits.

Key components of estate planning for parents of children with disabilities:

  1. Powers of Attorney: Designate individuals who can make financial and healthcare decisions on your behalf (and on behalf of your minor children or a child under guardianship) if you are unable to do so.
  2. Last Wills and Testaments: Allocate funds to a special needs trust for your child’s benefit and designate a successor guardian to care for and support your child.
  3. Third-Party Supplemental Needs Trust: Choose a trustee to ensure the trust enhances the comfort and happiness of your child with disabilities while safeguarding eligibility for benefits.
  4. Letter of Intent: Provide detailed guidance to future caregivers about your child's routines, preferences for care and financial support, and medical history.
  5. Updating Beneficiary Designations: Review and update beneficiary designations on life insurance policies, retirement accounts, and other assets to align with your estate plan.
  6. Continuous Review: Regularly revisit and update your estate plan as family circumstances and special needs planning opportunities change over time.

Planning for a beneficiary with disabilities requires knowledge of public benefit rules and a customized approach from your planning team. Maine Elder Law Firm crafts personalized estate plans that cater to the unique needs of families like yours. Our experienced team is here to provide compassionate guidance throughout the estate planning process.

Learn More About Estate Planning for Parents of Children with Disabilities

We welcome you to browse our articles on special needs planning and estate planning.

For more information about special needs planning, the website of the Special Needs Alliance (SNA) is a fantastic resource for families. Consider signing up to receive The Voice newsletter.

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