Working With A Family Lawyer: Planning For The Protection Of Your Disabled Child

When you have a disabled child that will never be able to live on their own, there are a number of ways you can set up your estate to protect their best interests. If your child will need a guardian when they turn 18, an attorney can help set the process in motion. If you have a sizable estate, you can plan your disabled child's inheritance so that they won't lose any benefits that they are receiving. Careful planning is often necessary when you have a child who won't ever be able to live on their own. It's important to protect their assets and set up the right accommodations that reflect what your child will need through their lifetime.

Obtaining Guardianship at Eighteen Years Old

When your child turns 18, they are considered a legal adult. This means that if your autistic son decides to leave your home and says he wants to live in the zoo, you can't hold them against their will. While this is a dramatic example, if you haven't obtained guardianship of your autistic son, he has the right to do what he wants once he is a legal adult. A family lawyer can guide you through the process so that you have the guardianship you need to ensure the safety of your child once they become a legal adult.

Setting Up a Special Needs Trust

If your disabled adult child is going to inherit money from you, it's important to protect that inheritance with a special-needs trust. If your child inherits cash directly, this can eliminate the benefits they are currently receiving. Your child could lose health insurance, housing benefits, and more if they inherit even a few thousand dollars. By placing the money in a special-needs trust, your child will be allowed access to the money for anything they need above and beyond what is currently provided for them. For example, if they want to go on a vacation and there is enough money in the trust, this is likely to be allowed.

It is necessary to think about the needs of your disabled child, especially for a time when you are no longer here. If they have a sibling who wants to take over their care, it is useful to have this conversation with your healthy child before the time comes. You can plan for the needs of your disabled child while protecting their inheritance at the same time. Click to find out more.