As parents, we want to protect our children from harm and adversity. However, life is unpredictable and anything can happen. That’s why it’s important to create a legal plan for your child who has special needs. Doing so will ensure that your loved one is taken care of no matter what the future holds.
Establishing a Special Needs Trust
Creating a Special Needs Trust is an important part of any legal plan for your special needs child. A special needs trust (also known as a Supplemental Needs Trust) can be used to pay for medical expenses and other services not covered by Medicaid or other government assistance programs. It also allows you to provide additional financial support without jeopardizing eligibility for certain benefits. This trust should be set up well before you need it so that there are funds available when necessary.
Securing Backup Guardians/Conservators
The next step in creating a legal plan for your child is to name backup guardians if something happens to you or your spouse. A guardian has the power to make decisions about medical treatments, education, and other areas of life on behalf of the child; while conservators oversee finances and other assets belonging to the child. Back-up guardians/conservators should be people that you know and trust, who have experience in dealing with individuals with special needs, and who are willing to commit long-term to caring for them if something happens to you or their siblings cannot do so themselves.
Alternative Housing Options
It’s also important to think about alternative housing options in case something happens, or if caring for your loved one becomes too much for your family down the road. You should research group homes, assisted living facilities, adult foster care homes, community living arrangements, etc., that specialize in helping individuals with special needs live safely and comfortably while still getting the help they need day-to-day. Knowing these options exist can give you peace of mind should you ever need to turn to them.
Plan Today for a Secure Tomorrow
Taking the time now to create a legal plan for your child will provide both peace of mind and confidence knowing that they will be taken care of no matter what happens in the future—even if you become incapacitated or pass away unexpectedly. This includes setting up a Special Needs Trust, naming backup guardians/conservators, and researching alternative housing situations in case those options become necessary down the road. Doing all this may seem daunting, but remember that it’s being done out of love – so don’t hesitate any longer! Create a legal plan today so that you can rest easy knowing that everything is taken care of when it comes to protecting your most precious asset – your family! Contact us at (813) 438-8503 and our Tampa special needs attorneys will help you start the process.