subject: Providing for Disabled Children in Your Will [print this page] Providing for Disabled Children in Your Will
When people are making plans for what will happen to their money and property after they die, they generally write a traditional will. In this document, assets are left to a person's spouse, children, or other beneficiaries unconditionally. In other words, your beneficiaries have total control of what happens to your money and property once it has been bequeathed to them. This strategy usually works well, but the situation is much different if you are thinking about how to care for your disabled child after you pass away.
The traditional will does not work because leaving your property outright to your disabled child can sometimes do more harm than good. Your child may not be able to handle the money or property effectively. Moreover, if he or she lives in a state institution, the authorities will bill him or her for the cost of care. Even if your child lives independently or in a group home, SSI and/or welfare benefits can be adversely affected. To avoid having your inheritance backfire on the child it is intended to benefit, you may not want to give property or money directly to your child, particularly if there is a sibling or other friend or family member whom you can implicitly trust to care for him or her.
One of the most powerful estate planning tools at your disposal is a will. In this document, you can make provisions for the personal protection and well-being of your disabled child. The least restrictive way for you to safeguard your child after your death is to appoint an adviser, someone you trust who will offer guidance and suggestions to your child that can help him or her to make decisions. Advisers are ideal if your child is high-functioning, yet would benefit from a little extra support. If your child needs someone who will take more responsibilities, you might consider appointing an advocate. This person will fill the role of an advisor, but will also speak on behalf of your child and monitor services if necessary.
If your son or daughter is not able to evaluate information or make decisions effectively and is therefore in physical danger if left to his or her own devices, you or the court may need to appoint a guardian. This person can make binding decisions about where your child will live or what medical care is received, for instance. If you have been your child's guardian since he or she turned eighteen as appointed by the court, you can nominate someone to succeed you upon your death. This person will be subject to court approval and will continue to play the decision-making role you occupied during your life.
A well-considered, solid will is an excellent way to continue caring for your disabled child even after you have passed away. Preparing it in advance will also give you the peace of mind that will come from knowing that he or she will remain secure even after you are gone. While it's difficult to contemplate your own passing, preparing for it ahead of time is definitely in the best interest of your disabled child.
The above information is not a legal document or information.
Estate planning is a difficult process, particularly when disabled adult children are involved. Get the help you need from Attorney Andrew Lamkin.
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