Writing a Memorandum of Intent for a Special Needs Child

In This Issue:
1. Writing a Memorandum of Intent for a Special Needs Child 

2. About The Firm

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Writing a Memorandum of Intent for a Special Needs Child

How can you ensure that your special needs child will remain well cared for and secure once others assume the role of guardian or caregiver? While creating a financial plan and establishing a specialized trust are central to preparing for your child's future, special needs planners also advise families to write down their intentions and expectations in a document referred to as a Memorandum of Intent or Letter of Intent.

The Memorandum is not legally binding and, when directions conflict, those in wills, trusts and other legal documents take precedence. But for "non-legal" matters, it will serve as the primary source of information about your child, providing a roadmap for the courts, guardians, caregivers and others involved in your child's life. That can be critical in easing your child's transition, ensuring continuity of care and treatment, as well as appropriate decision making regarding living arrangements and other lifestyle choices.

Topics that can be included in a Memorandum, include the following:

• Individuals and organizations that should be contacted upon your death or incapacity
• Your child's health care and therapeutic needs
• Your preferences for education, religion, and child-rearing practices
• Contact information for doctors, therapists and teachers
• Your child's personal history, degree of independence or mobility, behavioral issues, and need for assistive technologies
• Your child's interests and personality traits
• The location of medical records and other important documents.

While writing a Memorandum of Intent can be time-consuming and emotionally taxing, it's very important not to postpone this task. Once the Memorandum is complete, place the original in a secure location and distribute copies to others involved in your child's life. Then, mark your calendar, setting aside time to revise the Memorandum at least once a year so it will continue to reflect your child's current life stage and situation.

The Farr Law Firm can help your family with drafting an appropriate Memorandum of Intent, and also with drafting appropriate Wills, Trusts and other legal documents needed by parents of children with special needs.

Please click here for a sample Memorandum of Intent from the Academy of Special Needs Planners that parents can fill out on their computer.

 

For further information about a Special Needs Planning, click here.

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About the Firm
 

Evan H. Farr, CELA, CEA, author of The Virginia Nursing Home Survival Guide (available at Amazon.com), has been in private practice in Fairfax since 1987, and is the only attorney in Virginia who is both a Certified Elder Law Attorney and a Certified Estate Advisor.* Since 2007, Evan has been named by Virginia Super Lawyers Magazine as one of the top attorneys in Virginia, and in 2008 Evan was named by Washington, DC Super Lawyers Magazine as one of the top attorneys in DC. The Super Lawyers designation is bestowed upon the top 5% of lawyers in each state as chosen by their peers and through the independent research of Law & Politics.

 
The Farr Law Firm is an Elder Law and Estate Planning firm dedicated to helping protect seniors and their families. In addition to traditional estate planning (Wills, Living Trusts, Financial and Medical Powers of Attorney, etc.) for clients of all ages and administration of trusts and estates, we help our elderly clients with issues involving long-term care. We help clients find, get, and pay for the best possible long-term care; if a nursing home is the only option, we help clients find and get the best possible care while preserving and protecting their assets, including their homes, from the forced liquidation that is typically required in connection with entry into a nursing home. When needed, we complete the complex documents required for entry into a nursing home and for Medicaid.
 

Click Here For Information About the Attorneys and Staff On the Farr Law Firm Team
 

*Certified as an Elder Law Attorney by the National Elder Law Foundation and Certified as an Estate Advisor by the National Association of Financial & Estate Planning. Virginia has no procedure for approving certifying organizations.

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