How the S.M.A.R.T. Special
Needs Trust is Designed to
Protect a Person
with a Disability for Life
How
We need to plan for the future security of the person with a disability as strategically as General Eisenhower planned for D-Day. In a 1957 speech, then-President Eisenhower would offer these insights about military planning: "Plans are worthless, but planning is everything. There is a very great distinction because when you are planning for an emergency, you must start with this one thing: the very definition of "emergency" is that it is unexpected; therefore it is not going to happen the way you are planning."
In other words, to protect the person with a disability for life, you need a special needs trust that is written to expect the unexpected—engineered to respond and adapt to the unexpected. Dallin H. Oaks, eminent jurist and law professor, agrees. He states that the goal of estate planning is to “Plan specifically, so you can implement flexibly.” |
1. SMART LANGUAGE |
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2. MISTAKE AVOIDANCE: |
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3. AGENCY COMPLIANCE: |
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4. REMAINDER PROVISIONS: |
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5. TRUSTEE PROVISIONS: |
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My brand new bookI have just finished my brand-new book called The S.M.A.R.T. Special Needs Trust: How the S.M.A.R.T. Special Needs Trust Protects a Person with a Disability for Life.
This book is my more detailed and practical follow up to the book I co-authored called Planning for the Future: Give Your Child With a Disability the Gift of a Safe and Happy Life ( 7 editions and currently out of print). Although Planning For the Future was 634 pages, we devoted only a part of one chapter to the special needs trust. Realizing that the special needs trust is the heart and soul of legally protecting your child with a disability, my new book, although much shorter (192 pages), focuses only on the the special needs trust. |
All parents want to protect their children especially if the child has a disability. You want the best situation for your child after you pass away.
I can only imagine how much you have worked to raise your child. With my 34-years of experience, I want to help you achieve the future security your child deserves. Reading this book will give you the peace of mind that only comes to people who are well informed and prepared. |
Here's the Table of Contents of The S.M.A.R.T. Special Needs Trust: How to Protect a Person with a Disability for Life:.
- Important: Read this first - Asked and Answered: A Few Basic Concepts About Special Needs Trusts - CHAPTER 1 Strategic Mindset - CHAPTER 2 The S.M.A.R.T. Special Needs Trust - CHAPTER 3 SMART Language - CHAPTER 4 MISTAKE Avoidance - CHAPTER 5 AGENCY Compliance - CHAPTER 6 REMAINDER Provisions - CHAPTER 7 TRUSTEE Provisions - PLANNING DOCUMENTS: 1. Preparation for Attorney Meeting 2. Letter of Intent 3. Estate Plan Organizer - Glossary |
About meMy older brother Jon is dual diagnosed with an intellectual disability and a bipolar disorder. Sharing Jon’s life journey has changed everything for me. That's me on left. Jon in the middle. And Dr. Dave on the right. We're brothers. Jon's the oldest and I'm the youngest.
I have concentrated my law practice since 1981 on estate planning for families who have a child with a disability, helping hundreds of parents plan for their child’s safe and happy future. Two years after graduating magna cum laude from Kent law school, in 1983, I wrote the first book in the country on special needs trusts and estate planning for parents who have a child with a disability (no longer in print). In it I also introduced the concept of the Letter of Intent and in 1990 created a Letter of Intent template still used by parents across the country. In 1993, I co-authored the book Planning for the Future: Give Your Child With a Disability the Gift of a Safe and Happy Life (7 editions and currently out of print). |