Special Needs Planning and Elder Law

Planning for minor children and those with special needs

Planning for the future of individuals with special needs and minor children can be particularly worrisome.  Parents of minor  children will need to ensure the proper care of their children  until such time that they are able to care for themselves.  A trust is often used to preserve the assets for the minor children until such time that they reach the age of maturity  when they can act independently.

Parents of special needs children have valid concerns about how  their children’s needs will be tended to after the parent is unable to do so.  Who will ensure that they receive the appropriate care, and remain eligible for any public assistance that they may be receiving?  

Many special needs individuals depend on public assistance for necessary services, such as special education, therapy, and health care. Any money they receive, such as an inheritance, will need to be disclosed, and this increase in their assets could compromise their eligibility for public assistance Is it possible for a parent or loved one of a special needs individual support that individual without jeopardizing their public aid eligibility?  The answer is yes, if it is done with full and complete knowledge of the circumstances, and use of certain legal instruments, such as a special needs trust.

Worries about the well being of minor children and special needs  individuals are natural. However, with proper planning, you can supplement and enhance the life of a special needs individual without compromising their eligibility for public assistance, and protect the interests of a minor child until they reach the age of maturity when they can care for themselves.


Your visit with our elder law attorney in Belleville, Illinois, our elder law attorney in St. Louis, Missouri, or anywhere in the Metroeast, can help protect you and your family.  Call us for a free consultation to learn more about how you can  protect and plan for the future of a special needs individual or minor child you love.