Advance directives
Once your child turns 18, they should also create advance directives delegating powers of attorney to a trusted agent. This agent could be a parent, another relative, or a lawyer. Designations such as the health care power of attorney, or the durable power of attorney, ensure that your child’s needs are met even if their condition deteriorates or they are ever injured in an accident.
While a will, guardianship arrangement, and advance directives can help protect your child in the event of a parent’s death, they will not necessarily provide the resources that a child needs to live independently.
Special Needs Trusts in California
Both California and the federal government have made additional provisions for children with special needs, including the option to establish different types of special needs trusts. Every type of special needs trust is different, but most make it easier to provide for a child with special needs without risking their eligibility for public benefits.
Types of Special Needs Trusts
A first-party special needs trust
A first-party special needs trust can be funded by a person with special needs so long as they are under the age of 65. These trusts can be funded through inheritance, personal savings, or disability benefits.
A third-party special needs trust
A third-party special needs trust can be funded by a parent or other relative to benefit a child or an adult with special needs. These trusts can be conditioned to pay any remaining assets to other beneficiaries.
A pooled trust
A pooled trust is a type of community trust that is managed by a non-profit organization.
While special needs trusts and pooled trusts should not affect a child’s eligibility for government benefits, their terms should always be reviewed and approved by an experienced estate planning attorney.
