How do I protect and provide for my special needs child?
Special needs children and adults are particularly vulnerable to financial abuse. Therefore, careful planning is particularly important if you have a child with special needs or a child that qualifies (or could potentially qualify) for government assistance. If you fail to plan, then the assets you have left to your special needs child could go to the government and may not be managed by the person you choose.
Proper Structure and Language is Crucial
Many strategies exist for protecting assets for special needs children. Often a dedicated trust can be established that protects your special needs child. You decide who will manage the assets and can ensure that they benefit your child without disqualifying them for benefits. (The trust must be drafted in a particular way to achieve this result.) An experienced estate planning attorney can assess your particular situation, walk you through the different options that are available in Utah, and help you draft the needed legal documents to protect your special needs child.
