Special Needs Planning

Hi. I’m Dana Vouga, Certified Senior Advisor and Elder Law Paralegal with Vouga Elder Law & Estate Planning. Rick and I know the joys and challenges of having a child with special needs.

Shortly after our daughter Catherine was born she was diagnosed with a rare genetic condition called Williams Syndrome. This causes a heart condition, problems with motor skills, and mental retardation. When she was 18, she was also diagnosed as bi-polar; a form of mental illness.   At first we were consumed with just getting through one day at a time. As Catherine grew up, we realized – in addition to taking care of health issues and schooling –there was also the necessity to plan; both for when she turned 18 and to provide for her after we are gone.

When Catherine turned 18, we could no longer legally make health care decisions and handle her financial affairs. Catherine has the ability to sign Durable Powers of Attorney for health care and finances, appointing us to make decisions for her. Not everyone with special needs has that ability. For those who don’t, a Guardianship and Conservatorship is necessary. Whenever possible, it is best to avoid a Guardianship and Conservatorship.

It is very important for you to have a “special needs trust” in place.  This ensures any inheritance you leave your child does not disqualify them for any government benefits for which they are entitled. There are also many things government benefits do not provide; you want to make sure money you leave your child covers these benefit gaps. The special needs trust must be carefully structured and worded to ensure compliance with the law.

Key Things to Remember:

Our experience and approach is intended to give you peace of mind and allow you to maximize the time you have with your loved one. Every situation is unique, but our process most often progresses as follows: