How Can Legal Planning Support a Loved One With Special Needs?

If you have a loved one with special needs, it’s natural to be concerned about how they’ll be cared for after you’re gone. You can get a lot of peace of mind when you talk to an estate planning attorney in El Paso, TX.

1. Plan Out the Needs 

The first step is to get a realistic understanding of precisely what your loved one will need. As you discover these needs, you will want to write out a letter of intent to guide future caregivers to understand what you want done for your loved one. Ideally, start with the daily routine, the basic medical care that’s always required, your goals for your loved one’s life, and whatever plan you have for getting there.\

2. Evaluate the Financial Needs

Once you know where things are going, you can better plan for the finances that will be necessary to reach your goals. For example, think through who will care for your loved one and what that will entail. Will it mean setting up a spouse to do it, or will you need to hire full-time care?

3. Consider All Resourecs

Before you start planning what you need to provide, evaluate what benefits your loved one may be eligible for. As you plan out their future, you don’t want to lock them out of eligibility for important benefits they may be entitled to.

4. Consider the Long, Long-Term Future

Your most immediate consideration is probably making sure that your surviving spouse or your children can care for your special needs loved one immediately after your death. But it’s important to plan for the possibility that they will live a long life – possibly outliving other relatives – and need extensive end-of-life care.

5. Talk to an Estate Planning Attorney in El Paso, TX

Once you have some general thoughts in place, and even before that, talk to an estate planning lawyer. A lawyer will be able to help you evaluate all your options and make the best decisions based on the reality of your situation and the details of your loved one’s situation.

6. Consider a Special Needs Trust

When this is set up correctly, it provides money for the care of your loved one without erasing their eligibility for benefits. A lawyer can help you set this up so it’s ironclad and will do what you want and what is in the best interest of your loved one.

7. Think Carefully About Conservatorship

If your loved one is not able to make any financial and medical decisions, you’ll need to make sure the right conservator is in place to protect them. Talk to your lawyer about how to choose wisely here, as the choice of conservator can make all the difference, for good or ill, in your loved one’s future.

For help with your estate planning, contact Townsend Allala Coulter & Kludt in El Paso today. 

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