Estate Planning Attorney: Planning for Someone with Special Needs

Estate planning is smart for any adults who want to see their assets live on in the family. An estate planning attorney from Davidson Law Group will help you make all of the appropriate preparations for your estate with little of the hassle and roundabout communication you may experience at other firms. Among our full range of estate, business, and elder law services, Davidson Law Group also offers estate planning for our clients who have beneficiaries with special needs, which we call special needs planning.

Special needs planning requires a few extra steps and considerations to ensure that the beneficiary is taken care of, which is why it is smart to have the aid of a good estate planning attorney. Here, an estate planning attorney from Davidson Law Group details some of the steps involved and how you can provide the best outcomes for your beneficiary with special needs.


Many times the special needs beneficiary is a dependent of the person planning their estate. In this case, the beneficiary may be left without immediate care on the passing of the testator. Even if this is not the case, it will be smart to begin speaking with family and professionals involved in the care of your special needs beneficiary to get a sense for what the best preparations will be. Physicians and home care associates may be helpful in laying out a long-term plan.

Related Post: Common Questions About Special Needs Planning

Consider a Special Needs Trust

Many dependents with special needs receive some kind of state or federal support for their condition. In the event that the dependent receives a large sum of money, they may lose their eligibility for that support. If this is the case, then with the help of an estate planning attorney, you have a couple of options. You may decide to leave money or assets to your special needs beneficiary, but rather than leaving it in a large sum you may choose to have it disbursed slowly over time through a special needs trust.

A special needs trust will supplement government benefits, allowing your special needs beneficiary to continue to be supported. In order to ensure the best outcome with this solution, you should select as the trustee someone who will have the beneficiary’s best interests in mind, so a close friend or family member is a good choice.

Related Post: How to Leave Property to a Special Needs Trust

Keep a File

As any good estate planning attorney would advise, it is best to keep a file on hand that details all information regarding your special needs beneficiary, including a plan of action for their care should something happen to you. Other items may include documentation on their power of attorney, information regarding any special needs trusts you may have in place, information on their daily care, and more. These files are advisable for anyone with a special needs beneficiary, but what you include will largely depend on the nature of their needs. An estate planning attorney will be especially helpful for you in determining what information you should keep in this file.

Consult with an Estate Planning Attorney from Davidson Law Group

It is never too soon to start planning your estate, especially if you have beneficiaries with special needs. Ensure the best for them and all your family and loved ones by seeking the advice of a skilled estate planning attorney from Davidson Law Group. We specialize in helping residents of the Dallas-Fort Worth, Allen, and Tyler areas preserve their Texas legacies through airtight estate planning. Contact us today to schedule your free consultation!