Back-to-School Planning for Children Living with Disabilities: Future Guardians, Trustees & Letters of Intent
As August arrives and the new school year begins, families gather supplies and prepare fresh routines. For parents of children living with disabilities, it's also an ideal time to review your estate plan to ensure it still meets your child's current and future needs.
Preparing for a Guardianship
Guardianship plays a crucial role for students living with disabilities, giving parents the legal authority to make vital personal, medical, and educational decisions for their child as they enter adulthood. It's important to review your guardianship arrangements or future plans regularly to ensure your child continues to receive the right support as they grow. If your child will require continued help beyond age 18, you may need to petition the court to remain their legal guardian; however, this is not always the case. For more details about guardianship requirements in New York, refer to our previous article.
A Note about Supported Decision-Making Agreements
Full guardianship may not be the only option. Many young adults living with disabilities are able to make many decisions on their own, but need support navigating complex matters. In New York State, Supported Decision-Making Agreements offer a flexible alternative. This legal arrangement allows a person living with a disability to choose a supporter - often a parent or trusted adult - who assists them in understanding options, attending school or doctor appointments, and communicating decisions. These agreements can include permissions for the supporter to access school and medical records, ensuring they can be present and helpful as needed; however, the process for finalizing these agreements can be very complicated, and you should seek the assistance of an attorney to ensure it complies with the NYS statute.
Check in on Their Financial Future
As the new school year starts, it's also a smart time to review financial plans for your child’s future. While guardians will handle daily care and decision-making, trustees oversee the resources set aside for your child's future, such as those in a Supplemental Needs Trust.
A Supplemental Needs Trust, sometimes referred to as a Special Needs Trust, allows you to set aside funds to take care of your child's quality of life and education, while protecting their eligibility for means-tested, resource-based, government benefits. The trustee manages this trust and decides how best to use it for the child’s ongoing needs. Reviewing your trustee choice each year ensures they remain the best fit for your child's needs.
Update their Letter of Intent
The start of the school year is a natural checkpoint to review your child's letter of intent. Since your family is already gathering paperwork and meeting with teachers, it's an ideal moment to revise it if needed.
Even minor updates—such as new medications, changes in routines, or communication strategies—can make a major difference in ensuring that trustees and guardians provide consistent, informed support over time.
Use Back to School for Yearly Planning
Tying your comprehensive review of your child's plan to the start of each school year creates a simple, consistent habit that helps protect their future. Work with an experienced attorney to draft essential documents, such as guardianship designations and trusts. Online templates can't account for your family's or state's unique laws, and improperly prepared documents can jeopardize benefits or legal advocacy.
If you're ready to make this school year your starting point for lasting security, our firm can help. We're here to answer questions, guide you through key legal steps, and develop a plan tailored to your family.