Client/Visitor Center
Special Needs
Checklist
Physical and Emotional Care of the Special Needs Individual:
Guardianship Issues
- Who should assume the role of primary caregiver after the death or disability of the current primary caregiver?
- Should the new primary caregiver(s) be given formal status as guardian of the person?
- Should the same party acting as the guardian of the person act as guardian of the property?
Financial Considerations: Government Programs
- Are government programs being used to assist in the care of the individual with the special need?
- Will government programs be used to assist in the care of the individual with the special need after the demise of the current primary caregivers?
- If government programs are to be used, review the means tests that are used to qualify for these programs.
- Is the level of care provided under government programs sufficient for the financial and physical well-being of the individual with the special need?
Other Family Issues
- Are there other children in the family?
- Are there minor children in the family? What level of support will they need?
Estate Tax Issues
- What is the expected size of the gross estate?
- What, if any, is the potential estate tax liability?
- Is there sufficient liquidity to meet this estate tax liability?
Planning Considerations
- Will the special needs trust be appropriate to the current situation?
- Consider the needs of the rest of the family. Have they been accounted for in the planning process?
- Chart where the estate assets will pass. Who will be responsible for the special needs family member's physical and emotional care?
- Who will be responsible for that family member's financial care?