If you’re raising a child with special needs—or have an adult child who depends on you—you already carry more than your share of responsibility. You’re their advocate, protector, and guide.
But one question often weighs heavily in the back of a parent’s mind:
“What will happen to my child if something happens to me?”
You’re not alone in that fear. And the truth is, many families assume that creating a will is enough to ensure their child is cared for—but in most cases, it’s not.
Here’s why a Special Needs Trust is one of the most important planning steps you can take.
Why a Simple Will Might Not Be Enough
Most people assume they can just leave money or assets to their child through a will. But for children (or adults) with special needs, this can actually do more harm than good.
That’s because many critical support programs—like SSI (Supplemental Security Income) and Medicaid—have strict income and asset limits.
If your child receives even a modest inheritance through a traditional will, it could disqualify them from these programs.
In other words:
- Your good intentions could accidentally disrupt the services they rely on.
- They could be forced to spend down the inheritance before qualifying again.
- There may be no plan in place to ensure that the funds are used wisely or protected from exploitation.
What a Special Needs Trust Does (and Why It Matters)
A Special Needs Trust (SNT) is a legal tool that allows you to:
- Set aside money or assets for your child’s future
- Protect their eligibility for government benefits
- Appoint someone you trust to manage the funds (called a “trustee”)
- Make sure the money is used for their benefit—without them having direct control
This means your child can continue to receive public support, while still having access to money for additional care, quality of life expenses, education, recreation, travel, and more.
A Special Needs Trust gives you peace of mind that your child will be provided for—even when you’re not around to help.
What Can Be Paid For From the Trust?
Funds in a properly drafted Special Needs Trust can typically be used for:
- Personal care attendants
- Therapies not covered by insurance
- Education and training
- Recreation, hobbies, or vacation
- Transportation
- Medical equipment
- Home modifications
- Supplemental housing costs
The key is that the funds must be used to supplement—not replace—public benefits.
You’re Not Just Planning for Legal Compliance—You’re Planning for Dignity
Estate planning for a special needs child isn’t just about protecting assets. It’s about protecting your child’s future, stability, and sense of security.
A well-structured trust:
- Respects your child’s dignity
- Honors their unique needs and personality
- Prevents confusion, conflict, and court involvement later on
- Helps you communicate your wishes clearly to future caregivers, siblings, and trustees
We Can Help You Set It Up—Without Overwhelm
If this feels like a lot, take a breath. You don’t have to figure it all out on your own.
This is something we walk families through every day—step by step.
Whether you’re just starting the conversation or know it’s time to take action, we’re here to help.
You can start by watching our 9-minute overview video that explains the basics of wills, trusts, and protecting your family:
Or if you’re ready to talk through your unique situation, we invite you to schedule a free Legacy Planning Call:
Click here to book a call with Jim >>
Your child’s future is worth protecting. And a Special Needs Trust can help you do that—with clarity, compassion, and peace of mind.
