Special Needs Planning and Guardianship in Arizona and California

What constitues special needs?

Special needs—also referred to as disabilities, handicaps, or incapacity—is defined differently by state and federal law. Under the Americans with Disabilities Act (ADA), special needs are categorized as:

• A physical or mental impairment that substantially limits one or more major life activities.
  
• A record of such an impairment or being regarded as having such an impairment.
  

Understanding this definition is crucial in ensuring that your child qualifies for public benefits and receives the necessary protections. Our experienced attorneys can help you navigate these laws, allowing you to create a plan that secures your child’s future.

How We Help

How an Estate Plan Helps a Child with Special Needs

A well-structured estate plan ensures your child has the financial and personal support they need, even after you’re gone. With the right planning, you can:

• Provide for money management that supports your child throughout their life.
• Protect eligibility for public benefits without jeopardizing financial security.
• Set aside funds for future needs if public funding is disrupted.

Key Components of a Special Needs Estate Plan

Appointing a trusted guardian for your child.

Creating a special needs trust to ensure financial stability.

Identifying care providers and securing housing options.

Guardianship

Appointing a Legal Guardian for Your Child

Choosing a guardian for your child with special needs is one of the most critical decisions in your estate planning process. A guardian will have the legal authority to make decisions on your child’s behalf, both emotionally and financially, if you are no longer able to do so.

• For minor children, a guardian will assume parental responsibilities, including decisions related to medical care and education.
• For adult children with special needs, a limited conservator or guardian will manage their medical and financial decisions.

We guide you through the process of selecting a guardian who is trustworthy, capable, and familiar with your child’s needs.

Special Needs Trusts

Providing Financial Security for Your Child

A special needs trust is an essential part of estate planning for parents of children with special needs. This trust allows you to set aside assets for your child’s care while ensuring they remain eligible for public assistance programs.

• Testamentary Trusts: Created through your will, these trusts are designed to provide long-term financial support for your child.
• Special Needs Trusts: This type of trust ensures that your child has access to funds without affecting their eligibility for government benefits.

When selecting a trustee, it’s important to choose someone who is both reliable and understands the nuances of managing a special needs trust. This could be a family member, a financial institution, or a professional trustee.

Plan Ahead Wisely

Common Mistakes to Avoid in Special Needs Estate Planning

Many parents make the mistake of thinking public assistance is enough to support their child with special needs. However, public benefits do not cover all the necessary expenses, and disinheriting your child or relying on a promise from a sibling can lead to unintended consequences. Common mistakes include:

• Disinheriting your child to qualify for public assistance (this is not a viable long-term solution).
• Relying on a sibling’s promise to care for your child without legal protections.
• Leaving an inheritance that could disqualify your child from public benefits.
• Failing to consider the tax implications of creating a revocable or irrevocable trust.

At JCloud Law, we help you avoid these mistakes and create a comprehensive plan that supports your child’s future.