Planning guide
Legal and estate planning for a family member with a disability
The documents and decisions that help keep support in place when caregiving arrangements change.
What this covers
Families often look at four areas: who can make decisions if the person needs help (guardianship or less restrictive alternatives), how money is held for them (a special needs trust), how your own will and beneficiary designations are set up, and who else is named to help.
Leaving assets directly to a person who receives means-tested benefits can affect eligibility. A special needs trust is one common way to avoid that, but the right structure depends on your situation and state.
Decision-making options
Many states recognize options that are less restrictive than full guardianship, such as supported decision-making, powers of attorney and health care proxies. Which are available, and when they are appropriate, varies.
Rules often change when a person turns 18, so it helps to understand them before then.
Working with a professional
An attorney who focuses on special needs or elder law can review your situation. Many offer a first consultation. Bring your plan summary, a list of assets and insurance, and your questions.
Continuity does not provide legal advice. This guide is to help you arrive prepared.
Questions worth asking
- Do we need a special needs trust, and who should be trustee and successor trustee?
- What are the alternatives to guardianship in our state?
- Are our will, beneficiaries and life insurance set up to avoid unintended effects on benefits?
Official source
Protection & Advocacy network ↗
Legal advocacy and guidance on guardianship alternatives and rights.
Add your ZIP code in the calculator to see your state's resource.
General educational information, not legal, tax, medical or financial advice. Rules vary by state and change over time; confirm details with the agency or a qualified professional.