To ensure that your wishes are carried out, you need to take the time to put in place several extremely important documents. You may already have some of these documents, but have not completed others.
For starters, naming a legal guardian is a must. Keep in mind that in order to remain a legal guardian, a parent or caregiver will need to apply for guardianship once a child reaches age 18 if the child is not legally competent. It is important to obtain the services of an attorney with "special needs" expertise.
Will
A legally binding document that provides instructions for the disposition of an individual's property at death.
Trust
A three-party arrangement involving a grantor (the person establishing the trust), a trustee (the person whom the grantor trusts to hold the property for the beneficiary) and the beneficiary (the person or persons who will benefit from the trust). A trust agreement is the document that creates a trust and establishes the provisions that control the trust's management. A special needs or supplementary trust is set up for a dependent to preserve government benefits.
The Letter of Intent
This document provides direction for the person who will care for a person with special needs in the event that he or she survives both parents or a caregiver. The letter of intent is not legally binding, but is intended as a working document for the future caregiver.
Download an electronic form
Durable Health Care Power of Attorney
The maker gives another person authority to make health-care decisions when the maker is unable to do so because of injury or illness.
Durable Power of Attorney
A general power of attorney that continues to be valid after the maker becomes incapacitated or incompetent.
Living Will
A document that provides instructions to physicians, health-care providers, family members and courts as to what life-prolonging procedures are desired if an individual becomes terminally ill or incapacitated.
Power of Attorney
A legal document that authorizes someone else to act for an individual.