If you're like most parents who have a child with a disability, one of the most important questions you ask yourself is…

What's going to happen to my child when I'm no longer here?

To a large degree, the answer to that question will depend on the steps you begin taking today in order to arrange for your child's future well being. In planning for your special needs child, there are certain initial steps you should take, such as:

1. Assess your child's prognosis: Will your child ever be able to earn a living…manage assets…live independently? Your evaluation of issues such as these will then guide you in the type of planning you need to complete in order to provide for your child. If you're unsure about your child's future prognosis, be conservative in your assumptions. You can always change your plans in the future.
2. Review your financial situation: What assets do you have available to provide for your child's future financial needs? What can you do to accumulate additional assets for your child's care?
3. Living arrangements: Where do you want your child to live after your death, or if you become physically unable to care for your child? Will your child need a guardian (or conservator)?
4. Government benefits: Do you know what government benefits are available and what the requirements are to qualify for these benefits? Government benefits and their requirements can play a major role in your child's future well being. Be aware, however, that improper or careless planning could make your child ineligible for certain benefits. Government benefits fall into two groups:

   Entitlement Programs: Eligibility for entitlement programs is based on meeting certain requirements, such as age, disability or blindness. An individual who, for example, meets the required definition of disability is entitled to receive benefits, regardless of that individual's financial situation.

   Needs-Based Programs: In order to receive benefits from a needsbased program, a disabled individual cannot have income or assets above stated amounts.

Once an initial assessment of the situation is complete, the care and well being of children (be they minor or adult) who are mentally, physically or developmentally disabled can be greatly enhanced by your planning in areas such as:

Legal Planning

How will your estate be distributed when you die? Who will care for your special needs child when you're no longer able to do so? How can your estate be arranged to provide for your child, but not disqualify your child from receiving government benefits?

Medical Planning

How can you best obtain and pay for the specialized medical care your child may require? Who will oversee your child's medical care when you're no longer here?

Financial Planning

What steps can you take to guarantee that your child will have a financial safety net? What financial aid is available? How should your assets be arranged to best provide for your child's future financial needs?

Education Planning

What steps can you take to make sure that your child receives the best possible education?

Planning for special needs children is a complex process. Particularly when it comes to legal planning/legal documents, you are strongly advised to consult an attorney with experience in estate planning for families with children with special needs. The National Academy of Elder Law Attorneys is a professional association of attorneys with skills in planning for the elderly and disabled. More information is available at http://www.naela.org. Alternatively, a local organization that provides services to the disabled may be able to recommend an attorney with these specialized skills.