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We often worry about what will happen to our children when we are not around: who will take care of them? It’s a fleeting thought that gets overwhelmed by our busy schedules and naturally caters to the child’s needs. We do our best to make sure our child is well cared for at all times. This becomes even more important if you have a child with special needs. Parents of a child with special needs know that, unlike a normal child, they need constant attention and support.
Life is finite and no one knows the exact date and time of his departure from this world. Therefore, it is very important for the parents of a child with special needs to make sure that everything is in place to ensure the child’s future in the event of an untimely death.
make a will
This is the first step. To get started, you first need to collect data on all your assets, e.g. B. where are the assets located, where are the ownership documents kept, where do you have investments, etc. so assets can be easily identified after your death.
Take assistance from an Executor
Now that you have the details, you need to think of a person who can act as your executor. He will be the person who will review his will and will handle the division of assets in the manner established in the will. Ideally, the executor should be someone younger than you. Next, the most important point to mention is who will be your child’s guardian. This person must be informed and willing to take responsibility for the child.
The custody of the child is a great responsibility that you entrust to the guardian. You need to make sure that person is fully equipped to handle it. He may want to consider setting up a trust during his lifetime or by will so that his assets can be consolidated in one place.
Get professional help to write your instructions correctly and sign all pages with the correct date. In addition, the will must be authenticated by at least two or more witnesses. Witnesses cannot be executors.
A trust might work better for a child with special needs
As stated above, one can consider forming trust either during life or by will. In either case, a parent must ensure that the appropriate trustee is appointed to do the work of the trust. Often a parent will want a sibling or close relative in another city or jurisdiction to act as trustee.
The questions to consider are whether that person can get to where the child is, if that person can really take on such responsibility by taking time out of their busy schedule, or if they know the child and/or the problems the child is facing. It would be better to see this call as a practical decision rather than an emotional one.
The trustee and guardian can be different people. In this case, you must indicate in the trust deed who is the beneficiary of the trust and what the purposes of the trust are. Mention the child’s needs that need to be addressed, such as medical, educational, support needs, etc. Also, feel free to mention things like the child’s favorite book, what is reassuring to the child, who the doctor is, and other information pertinent to the child’s care, such as a guide for the facilitator and/or guardian to facilitate.
When you set up the trust, you must become a trustee and experience the work involved. If necessary, write it down with the things you do for the child. This exercise will help you appoint the right trustee/guardian.
Ensuring continuity of employers
When drafting the trust agreement, the estate of the guardian and/or trustee should not be ignored. Also mention who will handle the investments and taxation of the trust. It is beneficial to mention the name of the company or who decides which company will bear the taxation of the trust.
You may also consider naming a corporation as trustee and executor that can take over the administrative work of the trust and will. The people you want to appoint as trustees can become guardians and care for the child simply by appointing a corporation as trustee to oversee the administrative work of the will or trust.
Make sure you have clearly defined the rights and duties of the trustees so that they can properly run the trust. Since you are creating a plan that is meant to last beyond your lifetime for the benefit of your loved one, it is wise to enlist the help of a professional in creating that plan and ensuring that it is executed successfully.