TOOLKIT FOR PARENTS · AGES 0–3
Estate Planning: Where to Start When Your Child Is Young
The decisions made now shape the protections available for the rest of your child’s life.
For families raising a child with a disability, estate planning isn’t something to defer until later in life. The decisions made now, while a child is still young, shape the legal and financial protections available for the rest of that child’s life. Starting early means these protections are already in place, rather than being built under pressure.
Why It Matters This Early
A young child’s future needs are not yet fully known, but the legal structures that protect them can and should be established well before those needs become clear. Without a plan in place, decisions about a child’s care and finances default to state law and the courts, rather than to the family’s own wishes.
The Core Documents Every Family Needs
A Last Will and Testament directs how assets are distributed and, critically for families with a young child, names a guardian who would care for the child if something happened to both parents. Without this designation, a court decides who takes on that role.
A Durable Power of Attorney allows a trusted person to manage financial matters on a parent’s behalf if they become incapacitated, including matters connected to a child’s care and benefits.
A Health Care Power of Attorney and HIPAA Authorization allows a trusted person to make medical decisions and access health information if a parent is unable to.
Introducing the Special Needs Trust
Many families are surprised to learn that a direct inheritance or gift to a child with a disability can jeopardize that child’s future eligibility for government benefits like Supplemental Security Income (SSI) and Medicaid. A Special Needs Trust is the legal tool that allows a family to leave assets to a child without that risk. At this stage, the most important step is simply directing a will toward a Special Needs Trust rather than to the child directly. The details of funding and structuring that trust become more relevant as a child gets older and a family’s assets grow.
Where This Fits Into Your Plan
These foundational documents protect a family today, but they are also the starting point for a much longer-term plan. As a child grows, the plan grows with them, adding structure around benefits, education transitions, and eventually the child’s own legal adulthood.
Start Your Child’s Story Early
A Letter of Intent captures what no legal document can — your child’s routines, preferences, and personality. Download the fillable template below and begin building it while your child is young.
Ready to Put the Foundations in Place?
A Strategy Meeting is where these foundational documents get connected to the rest of your family’s long-term plan — well before decisions become urgent.