SHIELD SPECIAL NEEDS PLANNING

Planning starts with clarity about who can act, what they can do, and how your loved one’s resources are protected. When a child turns 18, parents no longer have automatic authority to make decisions on their child’s behalf. Some families use supported decision making with Powers of Attorney (medical and financial) and an Advance Health Care Directive so trusted supporters can help. In other situations, a limited conservatorship/guardianship may be appropriate. The right option depends on your loved one’s abilities and preferences, and on state rules (in California, for example, guardianship is for minors and conservatorship is for adults).

Next comes your estate plan. A Will names guardians for minors and expresses your wishes, but a Will alone goes through probate, which can be costly and tie up assets for years.  Worst of all a will can unintentionally direct assets to your loved one—jeopardizing benefits. Pairing your Will with a Living Revocable Trust keeps affairs private, names successor trustees, and avoids probate. Crucially, your plan should include protective language so no assets pass directly to your loved one; instead, anything intended for them is routed to a Special Needs Trust.

A 3rd party, stand alone, irrevocable Special Needs Trust (SNT) is the gold standard for preserving benefits while providing supplemental quality of life support. It can be funded by family during life and at death (including through life insurance and beneficiary designations), managed by trustees you choose, and—when properly drafted—keeps trust assets from being counted against eligibility.