Moving Out of State With a Child Custody Agreement

Creating A Special Needs Trust: Mistakes That Can Make Your Document Unimplementable

by Layla Bryant

If you have a disabled child, there are several documents you can prepare to safeguard assets for them and plan for their financial future. One of them is a special needs trust, which enables you to appoint someone to handle your kid's finances and make important decisions for them. It helps ensure that your child has enough money to meet their long-term care needs even if you pass on. However, you can only meet this goal if your document does not contain errors that can make it unimplementable. An effective way to establish this is by working with a legal advisor. They will guide you when creating your trust so that you can avoid the following costly mistakes.

Drafting the Document Non-Professionally

Drafting the trust yourself is a mistake that can prove costly because you may not have an in-depth understanding of the laws that ensure your document is legitimate. Additionally, you might not know what programs your kid can qualify for in the future. Furthermore, you may lack the expertise to safeguard your child's right to get all the financial assistance they require when they inherit your estate. This is why you should entrust your lawyer with creating the document for you. Once you do this, your legal representative will work to ensure that the trust meets the legal requirements. They will also take all necessary measures so that your child does not lose the chance to get financial assistance in the future.

Not Exploring Different Options

There are a number of special needs trusts, and they offer different benefits with varying requirements. Accordingly, it is prudent to seek legal advice when creating your document. This will enable you to select a trust that will enable your kid to enjoy maximum benefits.

Failing to Amend Your Document

A child with special needs might have diverse requirements as they grow up. Therefore, you need to update your document regularly to ensure that it reflects your child's current needs. This way, your document will reflect your kid's requirements at different stages in their life.

A special needs trust can only be beneficial to your child if it meets the legal requirements and is devoid of error. The way to ensure this is by hiring a trust attorney to prepare the document. A legal advisor can ensure that you have a legally binding document that prioritizes your kid's current and future care needs.

Contact a local trust attorney to learn more.