Protecting Your Disabled Child With Estate Planning in Washington State

As a parent of a child with intellectual or physical disabilities, ensuring their future care and financial security is a priority. Estate planning is one of the most powerful tools you have to protect your child, providing peace of mind that their needs will be met even when you're no longer able to care for them yourself. In Washington State, there are specific strategies you can implement to ensure your child is well taken care of for the long term.

At View Ridge Family Law & Estate Planning, we uphold the most respect for members of our community with differing physical, emotional, and intellectual needs. We offer customized legal services to protect and care for children and adults with disabilities and want to help you with protecting your disabled child with estate planning.

Key Estate Planning Tools for Parents of Disabled Children

1. Special Needs Trusts (SNTs): A Special Needs Trust is one of the most important tools for protecting your child’s future. This trust allows you to set aside assets for your child’s benefit without disqualifying them from essential government benefits like Medicaid and Supplemental Security Income (SSI). A properly structured SNT ensures that your child can access the financial support they need for things like therapy, education, or recreational activities, while still maintaining their eligibility for public assistance.

   
   

2. Letter of Intent: A Letter of Intent is a non-legal document that outlines your child's needs, preferences, daily routines, and any other critical information for their future caregivers. While not legally binding, it provides clear guidance on how you envision your child's care and the decisions you want to be made on their behalf. This letter can be an invaluable resource for trustees, family members, or guardians who may step in to care for your child.

   
   

3. Guardianship Designation: If your child is unable to care for themselves after reaching adulthood, appointing a legal guardian is essential. In Washington State, you can name a guardian in your will, so someone you trust will have the legal authority to make decisions on behalf of your child when they are no longer a minor. This can be a family member, close friend, or professional guardian, and it’s crucial to have open discussions with them about your child’s needs and your wishes.

   
   

4. Durable Power of Attorneys: A Durable Power of Attorney allows you to designate someone to make healthcare and financial decisions on your behalf if you become incapacitated. For parents of disabled children, this can also extend to making decisions about their child's care if you are unable to do so. If an adult child has the capacity to sign a durable power of attorney, having financial and healthcare DPOAs in place allows decisions to be made on their behalf without the need for costly court proceedings to establish a conservatorship for managing finances or a guardianship for addressing healthcare needs.

   
   

5. ABLE Accounts: ABLE accounts (Achieving a Better Life Experience) are tax-advantaged savings accounts designed for individuals with disabilities. These accounts allow you to save for your child's future without affecting their eligibility for government benefits. The funds in an ABLE account can be used for qualified expenses, including education, housing, and transportation, providing your child with more financial freedom while still maintaining access to essential support.

   
   

Review and Update Your Plan Regularly

As your child grows, their needs may change, and so should your estate plan. Regularly reviewing and updating your plan is crucial to making certain that it continues to meet their evolving needs. Work with an estate planning attorney who is familiar with the complexities of intellectual or physical disabilities to ensure that your documents are in order and that your child’s future is protected.

Protecting Your Disabled Child With Estate Planning Is Crucial

Planning for your child’s future care is an act of love. Without a proper estate plan, your child could lose access to vital benefits or face uncertainty about their care and financial security, and your assets may not be used for your child's benefit. By taking proactive steps to create a comprehensive estate plan, you can provide stability, comfort, and support for your child throughout their life.

To protect your loved one, please call us at 206-703-0764 or contact us online to schedule a consultation. We can help guide you through the process of protecting your child in Washington State.