Connecticut Phone: 203-661-5222 | New York Phone: 914-397-2400 | Florida Phone: 239-302-2768

Your Leading Estate Planning, Taxation, Real Estate and Trust & Estate Litigation Firm.

ABA American Bar Association NYSBA WCBA Worcester County Bar Association Connecticut Bar Association CTLA ASPPA

How do families make estate plans for people with special needs?

One memoir by the mother of a child with special needs likened the experience to planning a trip to France and going to Italy instead. Anyone with a family member with special needs can report that the point of this statement is true: It may be surprising, but it is still magical.

What are some of the concerns that people have with planning for people with special needs?

Many adults and children who are diagnosed as autistic, mentally challenged or otherwise having mental special needs may not be able to manage common schoolwork, home requirements or financial affairs like bank accounts or investing. As a result, many people with special needs have a court-appointed conservator to manage these affairs on a person's behalf.

What sort of financial planning might people with special needs require?

Trusts may need to be set up to be sure a person has income to cover their care. If a conservator is actively tending to a person's care, their own financial planning should include plans to hand over those responsibilities in case the conserved person survives him or her.

How can people start making these plans?

A letter of intent is a good start. It allows a person to outline the best practices and think about who the best person or party is. It also may help show legal intent if a case is being adjudicated in probate court.

Is a letter of intent enough?

The letter itself has no legal standing in probate court. An attorney can help families and conservator weigh their estate planning options.

No Comments

Leave a comment
Comment Information

Greenwich Office
25 Field Point RD
Greenwich, CT 06830

Phone: 203-661-5222 CT
Fax: 203-661-1197
Greenwich Office Location

White Plains Office
1 North Lexington Avenue
Suite 701
White Plains, NY 10601

Phone: 914-397-2400 NY
Fax: 914-437-6354
Map & Directions

Bridgehampton Office
2317 Montauk Highway
Bridgehampton, NY 11932

Phone: 203-661-5222 CT
Fax: 203-661-1197
Map & Directions

Naples Office
500 Fifth Avenue South
Suite 526
Naples, FL 34102

Phone: 239-302-2768
Fax: 239-325-1813
Map & Directions