For Children with Special Needs: Special Needs Trusts and Other Planning Options

AuthorRebecca A. Iannantuoni, Keith Bradoc Gallant
Pages30-33
30 FAMILY ADVOCATE www.shopaba.org
family member? So often this question is deeply seeded in
family dynamics and requires a great deal of open and
honest dialogue before making assumptions as to who will
serve in this successor role.
How? How will the successor-caregiver know the child’s
likes, dislikes, wants, hopes? A letter of intent, described
below, is an excellent mechanism for parents to impart their
historical understanding and knowledge of the special
needs of their child. e process of creating this letter of
intent can be cathartic and tends to oer the parents a
dierent outlet for being heard. Will the successor be able
to manage? Nothing is more frightening to parents than to
think that their best-laid plans will not succeed. However,
there is a certain reality to this concern in these situations.
Where? Where will the child live and with whom? Often
an adult child with special needs has a long-established—
and sometimes hard-fought-for—network of supports
(e.g., day program, work, community involvement,
medical providers), and recreating this network can be
dicult, especially in a crisis situation.
Parents enjoy a certain expectation that, at some
point, their children will assume responsibility for
themselves. is expectation transforms when a
child has special needs. e future care and
well-being of a dierently abled child can be an
overwhelming concern for parents, particularly when
coupled with the very real day-to-day anxieties of managing
the child’s special diets, treatment protocols, therapies, and
specialists and advocating for educational, living, and
vocational needs.
Parents’ Concerns: Physical, Emotional, and Financial
ese future-care concerns fall into two linked but distinct
general areas: physical and emotional care on the one hand
and nancial concerns on the other.
Physical and Emotional Care
Who? Who will assume the role of primary caregiver after
the parents’ deaths (or disability)? Is it appropriate to place
this responsibility (and burden) on a sibling or another
For Children with Special Needs
Special Needs Trusts and
Other Planning Options
By REBECCA A. IANNANTUONI & KEITH BRADOC GALLANT
Plan for the dicult while it is easy; do what is great while it is small. — S T
Published in Family Advocate, Volume 42, Number 3, Winter 2020. © 2020 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof
may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

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