Planning for Children with Special Needs: Securing a Future Without Losing Benefits

Protecting Wealth Boundaries

In New York, children with autism or other special needs are eligible for substantial government benefits in education and healthcare. However, leaving an inheritance directly to these children can disqualify them from essential programs like Medicaid or SSI. This article explores how to balance asset inheritance with government support.

Planning Tool	Purpose	Benefit
Special Needs Trust	Holds assets for the child's benefit without counting toward asset limits.	Supplements government support for items like travel and specialized care.
Guardianship	Establishes legal decision-making authority for adults with disabilities.	Ensures continuity of care when parents are no longer able to assist.

Key Strategies:

• Special Needs Trust (SNT): Often called a Supplemental Needs Trust, this tool allows parents to provide for their child's extra comforts (vacations, specialized equipment) while the government continues to pay for primary medical and educational costs.

• Guardianship Planning: Once a child turns 18, they are legally an adult. Parents must use specific legal proceedings (such as Article 17-A in NY) to nominate a successor guardian who will step in to manage bills and life decisions.

Planning for a special needs family is about creating a safety net that adapts as the child grows. Early intervention with a coordinated legal strategy ensures that your child is protected for generations.

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The Shi Law Group, PLLC focuses on family wealth transfer, estate planning, trusts, wills, prenuptial agreements, and cross-border asset planning. We provide professional, attentive, and compassionate legal services to Chinese families in New York and New Jersey. If you have questions about marriage, divorce, or cohabitation planning, please contact us for consultation. 

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🏢 Address: 500 Old Country Rd, Suite 302, Garden City, NY 11530 

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