Founding Attorney
As parents, one of our greatest fears is what will happen to our children when we are no longer here to care for them. For parents of children with special needs, this concern often runs even deeper. You want to know that your child will continue to receive the love, support, and resources they rely on. The good news is that with the right planning, you can create a roadmap that gives both you and your child a sense of security about the future.
The Importance of Planning Ahead
Relying on informal promises from family members or friends may seem comforting, but those arrangements are not legally binding. Without a plan in place, decisions about your child’s care could fall to the courts, leaving important choices in the hands of people who may not know your child’s needs. In addition, without proper financial structures, your child could risk losing government benefits that provide vital medical and living support.
Planning ahead isn’t only about preparing for the worst—it’s about making sure your child has stability, continuity, and the best possible quality of life when you are gone.
Choosing a Guardian and Caregiver
One of the most important steps is deciding who will step into your role. A guardian can make personal, medical, and sometimes financial decisions for your child. When thinking about who to choose, consider:
- Values and understanding – Does this person share your views on your child’s care?
- Health and availability – Will they realistically be able to handle the responsibility in the long term?
- Willingness – Have they expressed a genuine desire to serve in this role?
- Financial stability – Do they have the resources or support to manage this responsibility?
It’s important to have open conversations with potential guardians before naming them in legal documents. You may also want to appoint a separate person as trustee to handle money matters, so the guardian can focus on your child’s day-to-day care.
Financial Planning Tools to Protect Your Child’s Future
Caring for a child with special needs often requires significant financial resources. Fortunately, there are special needs planning tools that allow you to provide for your child without jeopardizing government benefits such as Medicaid or Supplemental Security Income (SSI).
- Special Needs Trusts – This is one of the most common tools. A trust holds assets for your child’s benefit while protecting their eligibility for public programs. The trustee you appoint manages funds and can pay for expenses such as therapies, personal care attendants, or recreational activities.
- ABLE Accounts – These tax-advantaged accounts allow you to save for qualified disability expenses. They can be used for things like housing, education, and transportation, and they work alongside a special needs trust.
- Letter of Intent – While not a legally binding document, this can be one of the most valuable pieces of your plan. It’s a guide for future caregivers, describing your child’s daily routines, medical needs, preferences, and personality. It helps ensure continuity in care even after you’re gone.
Together, these tools create a safety net that provides financial security and practical guidance.
Balancing Today’s Needs with Tomorrow’s Security
Planning doesn’t have to be overwhelming. Many families start small—setting up an ABLE account or drafting a letter of intent—and build from there. Your child’s needs may evolve, and your plan can evolve with them. The key is to start early, revisit your plan regularly, and make adjustments as your child grows and your circumstances change.
How an Attorney Can Help
An experienced attorney can help you tie these elements together into a cohesive plan. From drafting a special needs trust to preparing guardianship paperwork and advising on public benefits, legal guidance ensures that nothing is overlooked.
At Sverdlov Law, we help New York families prepare for the future. Our role is to walk with you through the process so you feel confident knowing that your child will be supported, both legally and financially, after you are gone.
Frequently Asked Questions
What is the difference between a special needs trust and an ABLE account?
A trust is a broader tool that can hold large sums of money or gifts from family members without impacting benefits. An ABLE account is more limited in how much it can hold each year, but it is flexible for everyday expenses. Many families use both.
Can I name more than one guardian?
Yes, you can name a primary guardian and an alternate in case your first choice is unable or unwilling to serve.
What if circumstances change after my death?
The court may appoint a new guardian if the one you named cannot serve, but documenting your preferences gives strong guidance in that process. You can also update trusts and letters of intent throughout your life so the plan reflects your child’s changing needs and circumstances.
Securing Your Child’s Future
The question of who will care for your special needs child after you are gone is a difficult one, but it does not have to be left unanswered. With thoughtful planning, you can provide peace of mind for yourself and security for your child.
If you are ready to put a plan in place, Sverdlov Law is here to help you take the next step. Contact us today and let us help you take the next step forward.