Disabled children may be helpless without their family’s help and if their parents pass away or are unable to take care of their children, your children may be unable to fend for themselves.
Most parents want to provide for their children but fear that their children may lose governmental assistance. In order to provide for this contingency, they may leave money to another child with a request to help the disabled child, but these funds are not protected from creditors or divorce.
A lawyer needs to look at the total picture and a good way to protect your child while preserving your child’s eligibility is to create a third party special needs trust. The trust will be examined by governmental authorities and if the trust is not properly drafted, governmental agencies may disqualify your child from receiving needed care and assistance.
Many parents may believe that if they left their estate to their children in trust that this will protect their disabled child. This may work provided that your child will always be guaranteed to be able to purchase health insurance, that the health insurance your child will receive will be adequate to meet his special needs and pay for long term care and that the trust will never run out of money. A typical support trust is not a special needs trust and this typical support trust may disqualify your child from receiving necessary benefits.