special needs plan typically includes several legal documents that are essential for ensuring the care and well-being of an individual with special needs. These documents are designed to protect the individual’s rights, outline their specific needs, and provide guidance for their future care. The key legal documents commonly included in a special needs plan are
Special Needs Trust (SNT)
A special needs trust is a crucial document that allows for the management and protection of assets for the benefit of an individual with special needs. It ensures that the individual can receive government benefits while still having access to additional funds for supplemental needs not covered by public assistance programs. The SNT is typically created by a parent, guardian, or other family member and is administered by a trustee.
Letter of Intent
A letter of intent is a non-binding document that provides detailed instructions and information about the individual’s preferences, routines, medical history, likes and dislikes, and any other relevant information. It serves as a guide for future caregivers, trustees, and advocates to ensure the individual’s needs and wishes are understood and respected.
Power of Attorney
A power of attorney is a legal document that grants authority to a designated person (known as the agent or attorney-in-fact) to make financial, legal, and other decisions on behalf of the individual with special needs. This document is crucial in case the individual becomes incapacitated or unable to make decisions independently.
Health Care Proxy
A health care proxy, also known as a medical power of attorney, designates a trusted person to make medical decisions on behalf of the individual with special needs if they are unable to do so themselves. This document ensures that the individual’s medical preferences and treatment choices are respected and followed.
Guardianship or Conservatorship
In some cases, when an individual with special needs reaches the age of majority, they may require a guardian or conservator to make legal and financial decisions on their behalf. The process of obtaining guardianship or conservatorship involves a court proceeding where a judge determines if the individual lacks the capacity to make decisions independently.
Advance Directive
An advance directive, also known as a living will, outlines the individual’s wishes regarding end-of-life medical care. It provides guidance to medical professionals and family members regarding the individual’s preferences for life-sustaining treatments, resuscitation, and other medical interventions.