Similarities and Differences

Most of your estate plan should be designed like any other estate plan. It should include:

  • A power of attorney for your health and finances
  • Advanced care directives
  • Funeral arrangements
  • Clear division of assets and property

However, your plan will also need to act as your child’s estate plan. The decisions you make for yourself you will also need to make for them. This mean that you will need to appoint people to be their executors, powers of attorney, and so on. A local special needs attorney can best explain these unique details.

Even if your child is significantly independent, assume a court will treat them as a minor in need of a guardian and protection. This can be done through the following:

  • Establishing trusts and savings accounts for your child’s lifelong financial stability
  • Appointing a guardianship or a conservatorship to help your child make important decisions
  • Arrangements upon death

With the right attorney, an estate plan can be a flexible document that can protect you and your child for whatever may come. By researching what other families do and discussing your options with your family, you can make your final wishes known long before they are needed.

Philip J. Kavesh
Nationally recognized attorney helping clients with customized estate planning guidance for over 40 years.
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