Estate Planning to Protect Your Disabled Child

 Posted on February 26, 2025 in Estate Planning and Probate

When you learn that your child has severe lifelong disabilities, it is normal to worry about how his needs will be met should you predecease him. Fortunately, there is a lot you can do through estate planning to protect your child with disabilities throughout his entire life. Most people with significant disabilities will qualify for government benefits like Social Security and Medicaid. However, these programs are only designed to meet a disabled adult’s most basic needs, like food, shelter, and medicine. Most parents want much more than this for their children. However, a disabled adult who inherits money directly could lose his benefits, hurting him in the long run. An experienced San Antonio, TX estate planning attorney can help you set aside an inheritance for your child with disabilities without compromising the benefits he will rely on throughout his adult life.

Protecting a Minor Child With Disabilities  

If your child is still under the age of eighteen years old, you will need to use a will in addition to any trusts you use. Only a will can be used to name the person you would want to become your child’s guardian if you and your child’s other parent were to pass away before your child is an adult.

You will also need to choose someone you trust to manage your child’s inheritance for him not only for the rest of his childhood but after he becomes an adult. Depending on your child’s life expectancy, you may want to prioritize choosing someone who will be able to keep filling this role for a very long time.

Using a Special Needs Trust 

A special needs trust can allow you to leave money for your child without threatening his benefits. Because the assets are owned by the trust rather than by the beneficiary, assets contained in the trust do not count as your child’s assets for the purpose of determining his eligibility for benefits.

Your child can request money from the trustee you appointed when he needs it. You can leave specific instructions for your trustee about what the money in the trust is to be used for. Beneficiaries of special needs trusts commonly rely on these funds to meet needs that disability benefits alone would not cover, such as home furnishings, reasonable entertainment, and clothes.

Contact a San Antonio, TX Special Needs Trust Attorney 

Geoff Mayfield, Attorney at Law is committed to helping parents of children with disabilities plan for their child’s future. Experienced Wilson County, TX estate planning attorney Geoff Mayfield will do all he can to safeguard your child’s financial future. Contact us at 210-535-0870 for a complimentary consultation.