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COVID-19 Update: We are working and here to help. The probate courts are open and we are continuing to file cases. Please email Attorney Nicole Morris at [email protected] if you have questions. Stay safe, we will get through this stronger together.

Support your special needs trust with a letter of intent

On Behalf of | Feb 28, 2021 | trusts

Creating a trust for your special needs child can help promote a good life for your child when you are no longer around to provide love and support. Still, making a special needs trust is not the end of the process. You should also make sure any caretaker for your child knows how to provide the best care.

It is possible you will not be around to instruct a future caregiver on what your child needs. U.S. News and World Report suggests that you draft a letter of intent to go along with your special needs trust.

Inform caretakers about care

There are many things a caretaker should know as they relate to your child. If your child requires a caretaker to communicate in a certain way, you may explain in your letter how a caretaker should speak to your child. If your child is allergic to specific kinds of foods, you can list what your child should and should not eat. You may also address your child’s social needs and how your child reacts with others.

Basically, a letter of intent is a way for you to impart your vision of your child’s life. You may draft one yourself without assistance, although you can seek examples online and ask for professional help if you wish.

Advice relatives about inheritances

You probably have relatives who want to leave your child an inheritance. However, if your child ends up with too much money or assets, it can cause your child to stop receiving government benefits. If you have not talked about these issues with your relatives or discussion is not an option, you may draft another letter to address them.

In this letter, you can explain the situation involving your child and how exceeding income limits can cause a problem for your child when it comes to receiving SSI or Medicaid. Ask your relatives not to leave money directly to your child in a will. You might work out estate planning alternatives with an attorney and list them in the letter.