How can we plan for our child's care if we pass away?

Full question:

I am married with four children. One child (age 6) has hemophilia A and cerebral palsy. We want to know the best method to provide for his care if something would happen to us before he turns 21? He is on medicaid and receives adoption assistance.

• Category: Wills and Estates
• Date: 04/07/2025
• State: National

Answer:

While I cannot provide legal advice, a will is a crucial estate planning tool. It designates beneficiaries, appoints a personal representative, and includes provisions for minor or incapacitated children. For your disabled child, you can include specific protections in the will.

One option is to name an "advisor" who can guide your child in personal and financial matters without legal authority. Alternatively, you can name an "advocate," who can assist with decision-making and represent your child's interests, but again, without legal authority.

The most protective option is a "guardianship," which grants legal authority to make decisions for your child, including living arrangements and medical consent.

Another important tool is a trust, which allows a trustee to manage property for your child and cover expenses according to your specified guidelines. A "support trust" can be established while you are alive to ensure uninterrupted financial support. This trust can also be included in your will, activating only upon your death.

Trusts should be adaptable to your child's changing needs and the legal landscape. The trustee should have discretion in using trust assets to meet your child's evolving requirements.

A "special needs trust" or "supplemental needs trust" can help maintain government benefits like Medicaid or SSI. This trust must specify that funds are for additional care and support beyond what government assistance provides. It is essential to draft this trust carefully to prevent the state from claiming its assets for care costs.