mom working with child with autism


Shelby Clark, Administrative Assistant April 9, 2024

Are you a parent to a child with special needs? If so, you understand the unique challenges and uncertainties that come along with this responsibility, especially when it comes to securing your child's future. A special needs trust could be the solution you're looking for, and we'd like to share a story that exemplifies this.

Our Client's Experience

Meet our client, a dynamic 38-year-old woman who is a small business owner managing multiple LLCs. While she spends much of her time managing her businesses, she is also a devoted mother to a beautiful 3-year-old daughter, who happened to just received an autism diagnosis. With the realities surrounding her child's condition, she found herself grappling with the important question: How can I protect and provide for my daughter's future?

That's when she turned to the trusted attorneys at DuPont and Blumenstiel for help. After hearing about her situation, we introduced her to the concept of a Special Needs Trust.

What is a Special Needs Trust

A special needs trust is a legal tool designed to manage resources for a person with disabilities while maintaining their eligibility for public assistance. In essence, it is a safe haven to secure your child's future, allowing you to provide both the financial security and continuity of care that your child deserves without jeopardizing crucial benefits like Medicaid and Social Security.

For our client, it was a revelation. She was able to step back from the overwhelming uncertainties she initially felt and anchor her hopes in a concrete plan.

By choosing a special needs trust, you can ensure your child gets the care and support they need long-term. With the funds securely held in trust, you can cater for extra expenses such as therapies, medical costs, education, and recreational activities, all while maintaining eligibility for government assistance.

A knowledgeable estate planning attorney can put language in your trust that states that if the presence of the fund ever causes your loved one to not be qualified for government assistance they would otherwise be entitled to, the trust essentially "blows up". The funds that would go to the special needs child will then be distributed among your other beneficiaries (this can be other children, siblings, etc). Those people can then take care of the disabled person in a more informal fashion.

How Can I Help My Child with Special Needs Become Financially Independent?

As parents, we want what's best for our children. We want them to learn, grow, and become as independent as possible. This process may look a bit different for special needs children.

Some families want to be continuously involved in their child's financial life, others do not or cannot. Fortunately, there are services out there that can help your adult son or daughter manage their money.

At DuPont and Blumenstiel, we have a trusted relationship with a local payee service called Best Payments. As a payee service, they are approved by the Social Security Administration to receive benefits on behalf of someone who cannot manage their own money. Best Payments then distributes funds to pay for rent, utilities, groceries, medical expenses and other basic needs. By collaborating with The Social Security Administration, Best Payments provides a safety net for you and your loved one.

Contact Our Experienced Estate Planning Attorneys in Dublin, Ohio to Create a Special Needs Trust

The future is unpredictable, but with a special needs trust, you can breathe a sigh of relief knowing your loved one is well-cared for, just as our client did. Providing a secure future for your child shouldn't be a daunting task and with the right tools and guidance, it doesn't have to be.

At DuPont and Blumenstiel, we specialize in estate planning for special needs individuals. We're here to help you create trusts that provide for your loved ones long-term.

Call us at 614-389-9711 to schedule an estate planning consultation.