Are You Protecting Your Loved One With Special Needs?

March has been designated as Developmental Disabilities Awareness Month. This is an opportunity to promote awareness and inclusion for people with disabilities. It is also a reminder to those who have a family member with a disability of the importance of planning for special needs. Proper estate planning ensures financial security, long-term health care, and eligibility for essential government benefits. If you live in Indiana and have a family member with special needs, the Indianapolis attorneys at Frank & Kraft encourage you to review your estate plan to ensure their future is well protected.

Understanding Developmental Disabilities Awareness Month

Developmental Disabilities Awareness Month was established to promote inclusion and highlight the contributions of individuals with disabilities in all aspects of life. Advocating for people with special needs is more than just raising awareness. This includes attending local advocacy events, reviewing or updating your estate plan to safeguard the long-term well-being of your loved one. This includes educating yourself on special needs planning, attending local advocacy events, and reviewing or updating your estate plan to safeguard your loved one’s long-term well-being.

Why Special Needs Planning Matters

Many individuals with disabilities rely on government programs such as Medicaid and Supplemental Security Income (SSI) for crucial support. These programs have strict eligibility requirements. A financial gift or inheritance could unintentionally disqualify someone who relies on the benefits. A comprehensive estate plan can ensure that your loved one remains eligible for these programs while still receiving financial assistance through legally structured means.

Special needs planning is not just about finances; it is about creating a stable and supportive future. Families may have difficulty managing assets and providing continuous care without a structured plan. Thoughtful planning reduces the risk of mismanagement, family disputes, and unexpected financial hardships for a loved one with disabilities.

Key Actions to Take During Developmental Disabilities Awareness Month

This month is an ideal time to take concrete steps toward securing your loved one’s future. Consider the following actions to ensure your estate plan aligns with their needs:

1. Establish or Review a Special Needs Trust. A Special Needs Trust is one of the best tools to provide financial support for a loved one without compromising government benefits. Special Needs Trusts are divided into two main types, a first-party and a third party trust. A First-Party SNT can be funded by assets that belong to the person with disabilities. This could include an inheritance or a legal settlement. This type of trust must include a Medicaid repayment provision after the beneficiary’s death. A Third-Party SNT can be funded by parents, family members, or other loved one. It is an ideal estate planning tool because it does not require Medicaid repayment since it was not funded by the individual’s assets. A SNT holds funds for a beneficiary’s supplemental expenses, covering items and services that enhance their quality of life, such as:
   1. Specialized medical treatments
   1. Therapy and rehabilitation services
   1. Assistive devices
   1. Transportation
   1. Recreational and educational activities.
2. Create a Letter of Intent. A letter of intent is not legally binding but can be a valuable guide to future caregivers and trustees. It provides important details about an individual’s daily schedule, medical needs and preferences, as well as social interests. A well-drafted Letter of intent can provide continuity of health care and peace of heart. This document will ensure that your loved ones receive consistent and informed care. Explore an ABLE account.
3. The ABLE account (Achieving a better life experience) is a tax-advantaged saving account for people with disabilities. The funds can be used to pay for a wide range of expenses, such as housing, education and healthcare, while not affecting the eligibility for benefits such as SSI or Medicaid. If your loved one does not already have an ABLE account, Developmental Disabilities Awareness Month is a great time to explore this option and open an account if appropriate.Consider Guardianship or Power of Attorney.
4. Depending on your loved one’s level of independence, you may need to consider legal arrangements to assist with decision-making. Establishing guardianship, or granting Powers of Attorney, can give you the legal authority to handle their financial, medical and personal affairs. Consulting an estate planning attorney can help you determine the best course of action for your family’s specific situation.Consult an Indiana Special Needs Planning Attorney.
5. Special needs planning can be complex, requiring careful legal and financial structuring to ensure long-term security. An Indiana estate planning lawyer can help you navigate trust formation, benefit eligibility concerns and other essential planning aspects. An attorney can also help you update existing documents to reflect changes in laws or family circumstances.Can We Help You Ensure That Your Loved One with Special Needs Is Protected?

For more information, please join us for an upcoming FREE seminar. Call the Indianapolis special needs planning attorneys at

Frank & Kraft or call (317) 684-500 for an appointment. Mr. Kraft’s primary areas of expertise are estate planning and administration. He also assists clients in the areas Medicaid planning, federal taxation, corporate law, real estate, and corporate law. Latest Posts by Paul A. Kraft Estate Planning Attorney

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