How Do I Plan for a Child or Loved One with Special Needs?

Reviewed by Nicolas D. Grimwood, Attorney | Updated October 2026

When someone you love has a disability, planning for the future can raise deeply personal questions. Who will help when you are no longer available? How will money be managed? How can you provide support while respecting your loved one’s preferences and independence?

You do not need to have every answer before beginning. A thoughtful estate plan starts with understanding your loved one’s circumstances, the support they may need, and what you want your family’s resources to accomplish.

Fenton & Grimwood helps families in Branson, Stone County, Taney County, and throughout Southwest Missouri incorporate special-needs planning into their estate plans.

Begin With Your Loved One’s
Life and Goals

A diagnosis alone does not determine the right estate plan. Some people manage their own finances and live independently. Others need assistance with financial decisions, daily activities, or ongoing care.

Start by considering:

Your loved one’s preferences, abilities, and desired independence.
Current living arrangements and possible future housing needs.
The people who provide support today and who might help in the future.
Public benefits currently received or potentially needed later.
The resources your family hopes to provide.

The goal is to create a workable plan for the person, rather than choose a trust or other document before understanding their needs.

Find Out Which Benefits Matter

Not everyone with a disability receives benefits, and different programs have different financial rules.

Supplemental Security Income, or SSI, considers income and available resources. A direct inheritance or gift can affect payments or eligibility. Certain MO HealthNet coverage pathways also involve financial eligibility requirements.

Social Security Disability Insurance, or SSDI, follows different rules and is based on an insured earnings record rather than the same financial-need test used for SSI. A person may also receive more than one kind of benefit.

Before deciding how to leave property, identify the actual programs involved. Do not assume that an inheritance affects every disability benefit, or that receiving one benefit tells you how another will be treated.

Consider Whether a
Special Needs Trust Fits

A special needs trust may provide a way to set aside family resources for your loved one while accounting for applicable public-benefit rules.

Instead of leaving an inheritance directly to the beneficiary, the plan can direct it into a trust. A trustee manages the property and makes distributions under the trust’s terms.

The trust may help provide financial management and support for needs or opportunities beyond what public programs cover. Whether trust property is counted, and how payments affect benefits, depends on the document, the applicable program, and how the trust is administered.

A trust is not a guarantee of continued eligibility. Careful drafting, funding, and administration all matter.

This guide focuses on planning with assets parents, grandparents, and others want to provide for their loved one. Tell your attorney who currently owns any money or property being considered for the plan.

Choose People for
Clearly Defined Roles

Think about who could manage money responsibly, keep records, communicate well, and understand your loved one’s circumstances. Consider who could serve if your first choice becomes unavailable.

The person best suited to manage a trust may be different from the person who provides daily support. Being named as trustee does not, by itself, give someone authority to make healthcare or other personal decisions.

Include your loved one in these discussions as appropriate. Planning should reflect their wishes and abilities as well as the family’s concerns.

Coordinate the Entire Estate Plan

A will or trust is only part of the picture. Life insurance, retirement accounts, payable-on-death accounts, and other beneficiary arrangements may transfer property separately from your will.

Review those arrangements together so assets reach the intended person or trust. Retirement-account beneficiary decisions also require attention to tax and distribution rules; the same designation is not appropriate for every asset.

Grandparents and other relatives should understand how their intended gifts fit with the plan. Leaving money to a sibling with informal instructions to “use it for your brother or sister” can create uncertainty about ownership, access, and whether the money will remain available.

Record Practical Information, Too

A letter of intent can help future supporters understand your loved one’s routines, relationships, preferences, communication needs, and important contacts. Keep in mind, this does not replace legal documents or create decision-making authority. Its purpose is to preserve practical knowledge that might otherwise be difficult to pass along.

What Should I Bring to a Consultation?

Bring what you have:

Existing wills, trusts, and powers of attorney.
Information identifying benefits your loved one receives.
A general list of assets, insurance, and retirement accounts.
Available beneficiary-designation records.
Names of people you are considering for future roles.
Your main questions and concerns.

You do not need a complete file (or to know which type of trust you need) before contacting us.

Talk With Fenton & Grimwood About Your Family’s Plan

We help families coordinate special needs trusts with their broader estate plans, including how family assets are intended to pass and who will manage them.

Our Branson office serves families throughout Stone County, Taney County, and Southwest Missouri. This guide focuses on Missouri planning; another state’s rules may require separate review.

Estate planning consultations are complimentary.

Schedule a Consultation