Special needs · Imke Lathrop
Special needs planning and guardianship
When someone in the family has a disability, an inheritance can cost them the benefits they rely on, and a birthday that makes them an adult can leave parents with no legal say. We write special needs trusts that add to benefits instead of replacing them, and when it's the right tool, we guide families through guardianship or a lighter alternative.
Special needs trusts, including ones funded by a parent's estate
Letters of intent that tell the next caregiver how a day works
Guardianship petitions and the annual reports after
Alternatives to guardianship, such as powers of attorney
Planning for when a young person turns eighteen
Where families come to us from
Four situations we see most often.
A young person is turning eighteen
Parents lose their automatic say at eighteen. We look at which supports the young adult needs and what is the lightest way to put them in place.
A sibling will be the caregiver someday
A will names a guardian for a child, but not an adult. We write the plan that tells the next person what you know.
An inheritance is on its way
Money left directly to someone on benefits can end them. A trust can hold it and still pay for the things benefits don't.
A parent can no longer sign
When there is no power of attorney and no way to sign one, guardianship may be the only path. We explain the court process first.
Questions about special needs and guardianship
Is guardianship the only way to help an adult?
No. Many adults can get the help they need through a power of attorney, a representative payee or other supports. We start with the lightest option and only recommend guardianship when nothing lighter will work.
Will a trust affect benefits?
A properly written special needs trust is designed so that it does not. The details turn on the kind of benefits and who funds the trust, and we go through both with you.
What is a letter of intent?
A letter written in your own words about the person: their routines, their doctors, what calms them and what doesn't. It isn't a legal document, but the next caregiver will read it first.
Plan for the person, not only the paperwork
Bring the benefit letters you have and a list of who helps day to day. Imke will start there.