Special Needs Trust
In addition to the usual hurdles that parents face when preparing an estate plan, such as who should be the guardian, trustee, executor, etc., the parents of a special needs child are faced with a unique estate planning challenge—how to provide for all of their loved ones without jeopardizing the special needs child’s current (or potential) eligibility for government benefits. If a child receiving certain government benefits receives an inheritance on the death of his or her parents, receipt of that inheritance may disqualify the child from receiving such benefits. Therefore, in addition to the usual estate planning documents such as a Will, a Trust, Power of Attorney and Medical Power of Attorney, parents of a special needs child will likely want to have a Special Needs Trust prepared. A Special Needs Trust allows to you provide equally for all of your children, while preserving important government benefits for the child with special needs.

There are various types of Special Needs Trusts, and such trusts must be specifically designed to suit the needs and situation of each family. However, in general, a properly drafted Special Needs Trust allows you to leave assets to a special needs child, while providing for proper management of those assets during the child's lifetime, and preventing the child's inheritance from interfering with his or her government benefits.

For more information regarding special needs trusts, feel free to contact attorney Mary Jo Boerman at 616-772-2487 or see her website at boermanlaw.com. Mary Jo is a member of our board of directors and is located in Zeeland, Michigan. She would be happy to provide further information regarding Special Needs Trusts and whether such a trust is appropriate for you and your family.