Redmond Office Law Blog

With the upcoming Presidential election, we are constantly reminded of the political issues that many of us must address on November 4, 2008. However, with the recent introduction of Governor Sarah Palin and her family not only are political issues brought to light, but so are several estate planning issues. With the recent birth of Sarah Palin’s child, the issue of a special needs child is now a topic of interest for many.

A special needs child refers to a child who (at the birth or due to a subsequent illness or injury) is mentally, physically, or emotionally disabled and because of the severity of the disability may be eligible for a need based government benefit such as Medicaid and supplemental security income (SSI). A typical special needs child typically include those with cerebral palsy, autism, downs syndrom, and mental impairment.

The reality is that there are several families out there who have dealt with a special needs child for many years. In fact, many families have special needs children who are in their adult years. In dealing with a special needs child there are several estate planning issues that need to be addressed. Not only must the parents of the special needs child plan for the care of that child until death, but the parents need to make sure that when that child becomes an adult that their inheritance does not affect the special needs child’s government benefits. Many parents do not realize that in order for a special needs child to receive government benefits, they must have less than $2,000 of assets under their control. The good news is that if families plan ahead, money can be left in Trust for the lifetime benefit of that special needs child.

In addition to the financial planning, parents also need to address the issue of guardianship. Some special needs children are able to manage their own medical decisions and in some cases they are able to work and manage their own money. But for some special needs children, the parent is the sole decision maker on all matters. In situations where the child is older, the parents themselves may be elderly and may not be able to continue on as the guardian of the adult special needs child. The family needs to address whether or not another family member will be able to take over that position and whether the family member should Petition the Court to step in now or wait until the death of the existing guardian.

With many families, there is no other family member to step in or no family member is able or willing to serve as the guardian of the special needs child. Fortunately, there are agencies in our community that will serve as the court appointed guardian for the special needs child and ensure that their medical needs are addressed.