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Canton Estate Planning & Probate Lawyer > Blog > Estate Planning > How To Plan for The Future of a Child with Brain Injury

How To Plan for The Future of a Child with Brain Injury


Brain injuries can be genetic, a result from trauma during labor and delivery, or occur traumatically later in life. Each day in the United States, there are approximately 5,000 individuals who will be diagnosed with a brain injury. Currently, across the country, the Brain Injury Alliance indicates that there are 5,300,000 Americans living with some degree of brain injury.

If you have a child with a brain injury, it is imperative that their future is considered and planned for so that when you are no longer around to care for them, they will have the resources and support they need to continue functioning in life. For residents in Connecticut, a Canton estate planning attorney at The Law Office of Brian S. Karpe can help you with this.

Planning for the Care of a Child With a Brain Injury

 A child with a brain injury may need assistance throughout their entire life to help them with daily activities. Because of this, it is incredibly important that estate planning not be put off.  Anything in life can happen and no one knows when they will pass or become disabled themselves, which makes it critical to have safeguards in place for disabled children sooner rather than later.

If you are a parent of a child with a brain injury, then there are several steps to take to plan for their future. First, it is usually best to meet with an attorney specializing in special needs planning. An attorney with this specific background and knowledge will know how to assess your situation and advise you appropriately on what can be done to ensure your child is taken care of when you can no longer do so.

With the help of an attorney, parents can put together or modify an estate plan. This may include a Last Will and Testament, healthcare directives, a power of attorney, and a special needs trust. A special needs trust is a vital part of an estate plan for parents who have a disabled child. This type of trust will provide for a disabled child throughout their entire life.

In addition, a child may be entitled to certain government benefits. An attorney will be able to identify what opportunities and resources are available, like Medicaid, Supplemental Security Income (SSI), or  private disability insurance.

If government benefits are an option, then a special needs trust may be strongly indicated. This is to ensure that a child with a disability remains eligible for government assistance benefits, as there are means-based criteria that must be addressed.

Last, establishing guardianship will also be critical for a disabled child. The role of the guardian may be to have complete control and management of the child and their estate or act in a limited capacity. Figuring out which one is best will be dependent on the extent of the child’s disability and needs.

Call a Connecticut Special Needs Planning Attorney Today 

The Connecticut special needs planning attorney at The Law Office of Brian S. Karpe understands the challenges that families with children with special needs experience and the unique considerations they must account for. Attorney Karpe knows the intricacies of special needs planning and can assist you with putting a solid plan in place to help you ensure your child is cared for in the future. To schedule a free consultation with Attorney Karpe to have your situation reviewed, please call 860-217-1458.

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