PLANNING FOR SPECIAL NEEDS CHILDREN IN A FAMILY LAW SETTING

by Thomas D. Begley, Jr., Esquire, CELA

In planning for special needs children, careful analysis must be made of the child’s immediate needs and also of the additional needs of the child after the surviving parent is deceased.  The place to begin is with the development of a Life Plan.  The components of a Life Plan include the following:

• Person with the Disability
• Where does the child live?
• What is the child’s disability?
• Does the child have capacity or, if a minor, is the child expected to have capacity at majority?
• Who are the parents?
• Has a guardian been appointed?
• Is there a Special Needs Trust in effect for the child?If so, who is the trustee?
• Who are the child’s important contacts?
• Who are the organizations providing or coordinating services for the disabled child?
• Who are the contact persons at those organizations?
• What services do the organization provide?
• Who are the involved family members?Parents? Siblings?
• Does the disabled child have pets?If so, who cares for the pets?
• Who are the disabled child’s friends?Who has their contact information?
• Medical Information
• Who are the disabled child’s physicians, therapists, and specialists?What is their contact information?
• What is the disabled child’s prognosis?
• What is the disabled child’s medical coverage? Private? Medicare? Medicaid? Dental coverage? Vision coverage? Prescription coverage?
• What hospital does the disabled child use?
• What pharmacy does the disabled child use?
• A list of prescription medications should be obtained including the name of the prescription, the dosage, frequency, purpose, and name of prescribing physician.
• Non-prescription medications.
• What treatments or special care is the disabled child receiving at home or in a medical setting including:
• allergies
• Emergencies
• Assistance (i.e., taking medications, giving insulin shots, etc.)
• What public benefits is the disabled child receiving or eligible to receive?
• What medical or adaptive equipment does the child require?
• Abilities and Disabilities
• What limitations does the disabled child have such as hearing, speaking, walking, memory, concentrating, understanding, standing, coordination, communication, and making change?
• What extraordinary powers does the child with disabilities have with respect to any of these factors?
• How does the child get along with family, friends, authority figures, and strangers?
• Does the child have problems coping with stress?How does he/she handle those problems?
• How does the child adapt to change?
• Personal Characteristics
• What is the child’s personality?
• What are the child’s preferences?
• What are the child’s likes and dislikes?
• What are the child’s interests?
• What type of clothing does the child require?
• Activities
• What activities are the child able to perform such as housework and recreation?
• What is the child’s daily routine?
• Does the child like to go to places such as churches, sporting events, and shopping malls?
• Does the child require assistance or supervision?If so, for what purposes?
• Does the child work?
• Does the child attend school.
• Personal Care
• Does the child need assistance with dressing, bathing, hair care, shaving, toileting, personal hygiene?
• Special reminders?
• Special instructions?
• Meals
• Does the child need assistance with meal preparation?
• Are there any food allergies?
• What does the child like and dislike?
• Does the child need assistance with eating?
• Care and Supervision
• What individuals will provide care for the child’s needs?
• What individuals will provide supervision for the child’s needs?
• Housing
• Where does the child live?
• Where will the child live on the death of the surviving parent?
• Employment
• Is the child currently employed?
• Does the child require assistance in obtaining employment?
• Social Activities
• Will the disabled child benefit from social activities?
• Transportation
• Does the child have a driver’s license?If not, what arrangements can be made for the child’s transportation?
• Religion
• Is the child religious?If so, what is his/her religious affiliation?
• Hopes and Dreams
• What are the child’s and/or his/her family’s hopes and dreams for the child?
• What necessary actions need to be taken to achieve those hopes and dreams?
• Financial
• What will be the source of money to finance the lifestyle that the parents of the child with disabilities would like to establish?