How to Protect a Special Needs Adult Child After You Pass Away

 Posted on February 24, 2025 in Estate Planning

Planning for the future of adult children with special needs is one of the most important steps you can take to ensure their long-term care and financial security. As a parent, you have been your child’s primary advocate, but it is essential to put legal protections in place so they receive the care and support they need even after you are no longer there to provide it. Estate planning for special needs individuals requires careful consideration of guardianship, trusts, and help from an experienced Texas estate planning lawyer to safeguard your child’s future.

Create a Letter of Intent

A letter of intent is a non-legal document that serves as a guide for future caregivers, guardians, and trustees who will oversee your child’s care. While not legally binding, this document provides valuable insight into your child’s daily routines, medical history, and long-term goals. When drafting your letter of intent, consider including:

• A detailed medical history, including diagnoses, medications, and doctors.

• Specific personal care needs, such as dietary restrictions and hygiene routines.

• Your hopes and aspirations for your child’s future, including educational and vocational plans.

• Contact information for trusted family members and friends who can provide additional guidance.

This document should be shared with trusted individuals and updated regularly to reflect changes in your child’s needs and preferences.

Establish a Special Needs Trust

A special needs trust (SNT) allows you to leave financial assets to your child without risking their eligibility for government assistance programs such as Medicaid and Supplemental Security Income (SSI). Without this protection, an inheritance could disqualify your child from receiving essential benefits. Properly structuring an SNT ensures that your child can continue to receive financial support while maintaining eligibility for crucial government programs.

Consider Guardianship and Conservatorship 

When a child with special needs turns 18, they are legally considered an adult. However, they may still require assistance in making financial, medical, and personal decisions. In Texas, parents can apply for guardianship or conservatorship to maintain legal authority over their child’s affairs.

Guardianship of the person allows the guardian to make personal and medical decisions for their child, while guardianship of the estate grants authority over financial matters. In some cases, alternatives to full guardianship, such as supported decision-making agreements or powers of attorney, may be more appropriate.

Call a Denton County, TX Estate Planning Attorney for Families With a Dependent Adult Child

Having a special needs adult child who is dependent on you means you need to make sure that long-term care for this loved one is a major part of your overall estate plan. At Colbert Law Group PLLC, our Flower Mound, TX special needs estate planning lawyer has experience helping families create unique estate plans that cater to their needs, their values, and their resources. Call 972-724-3338 today to schedule an initial attorney meeting.