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Special Needs Planning

Special Plans Created for Special Lives

Most children, when they become adults, are expected to assume
responsibility for themselves.

But, what about those who can’t provide for
themselves

because of a physical, mental, or emotional illness or disability, who have, and will continue to have, a lifelong dependency on you for their care and support?

Special Needs Planning is a subset of Estate Planning

  • Estate planning may bring to mind families with great wealth, but that is not necessarily true
  • In the Special Needs Planning context, it simply means organizing your estate, whatever its size, to meet the needs of your entire family as efficiently and economically as possible, knowing that special considerations are needed for a particular family member

Questions to consider as you plan for the future...

Physical and emotional<br/>care of your child:

Physical and emotional
care of your child:

  • Who should assume my role as the primary caregiver after my death or disability?

  • Could it be my other children or another family member?

  • Would the designated guardian of my special needs child also control the assets and property left to, or for the benefit of, that child?
Financial <br/>Considerations:

Financial
Considerations:

  • Are government programs being used to assist in the care of my child?

  • Will government programs be used to assist in the care of my child after my death?

  • If government programs are used, will my child continue to meet the “means” tests (i.e., eligibility based upon income and net worth) used to qualify for these programs?

  • Is the level of care provided under government programs sufficient for the financial and physical well-being of my child?
Family <br/>Issues:

Family
Issues:

  • What level of support will my other children need?

  • What special concerns do I need to address with respect to my other children?

  • How do I avoid the possible perception of preferential treatment toward my special needs child?

Children with Special Needs & Children With Disabilities, What's the Difference?

The term special needs is more focused on learning impairments, disability is more focused on mental and physical disabilities. Children with disabilities are typically immobile or incapacitated, while children with special needs are more difficult to identify unless you get to know them.

*Children with Special Needs:

*Children with Special Needs:

  • Social, behavioural and emotional difficulties

  • Multiple and profound learning difficulties

  • Moderate learning problems

  • Speech, communication and language needs

  • Autism spectrum disorders

  • Attention Deficit Hyperactivity Disorder (ADHD) and specific learning disabilities

  • Multi-sensory impairment
*Children with Disabilities:

*Children with Disabilities:

  • Physical disability

  • Communication disorder of severe nature

  • Developmental delay at pre-school

  • Long-term learning difficulty

  • Sensory impairments like visual, deafness and blindness

  • Autism Spectrum disorder

  • Chronic illness or multiple health problems
Work with a team that gets it, personally and professionally.

Work with a team that gets it, personally and professionally.

No matter what your family circumstances are, a well-designed plan provides the parents with certainty that their special needs child, as well as the rest of the family, will be financially stable, with greater flexibility and tax efficiency.

We understand your concerns, and the challenges of Special Needs Planning and can help guide you through the process, helping to ensure that your goals are achieved.

*https://www.swvalawfirm.com/understanding-the-difference-between-disabilities-and-special-needs