Life is unpredictable, and when you have a child with special needs, the stakes are even higher. You know your child’s routine, medical needs, and daily struggles better than anyone. But what happens if you suddenly aren’t there to take care of them? A solid crisis plan ensures that your child is protected no matter what happens. Without one, your family could face unnecessary stress, confusion, and even legal battles. The good news is that by planning ahead, you can remove uncertainty and put a system in place that ensures your child continues to receive the care and support they need. Let’s walk through the key steps to creating a plan that keeps your child safe and gives you peace of mind.
Many families assume that estate planning is enough to cover emergencies, but that’s only part of the picture. A crisis plan prepares for unexpected situations—such as illness, accidents, or even natural disasters—when you cannot care for your child temporarily or permanently. Without clear instructions in place, family members, caregivers, or even the state could step in and make decisions that don’t align with your wishes.
A well-thought-out crisis plan ensures that your child’s needs are met immediately, without delay. It provides guidance for caregivers, includes financial resources, and protects your child from unnecessary disruptions. By creating one now, you eliminate the guesswork and make sure your child continues receiving the support they need.
Additionally, a crisis plan helps avoid legal complications. In the absence of a plan, courts may be required to intervene, which can be a time-consuming and expensive process. A solid plan keeps you in control and provides legal clarity, ensuring that decisions about your child’s care align with your values and long-term intentions.
Creating a crisis plan isn’t complicated, but it does require careful thought and action. Start by identifying a trusted circle of caregivers—family members, close friends, or professionals—who can step in if needed. Be clear about your expectations, and make sure they understand your child’s medical and daily care needs.
Next, put everything in writing. As a Personal Family LawyerⓇ Firm with a special needs planning focus, they support you in creating a Circle of Support Guide that includes an entire section on emergency and disaster planning. It also includes practical information, such as emergency contacts, medical information, allergies, medications, therapy schedules, and behavioral strategies.
Legal planning is another essential step. As a Personal Family LawyerⓇ Firm with a special needs planning focus, they will work with you to establish a power of attorney, guardianship arrangements, and a special needs trust. These tools ensure that your child’s care and financial future are protected in case of an emergency.
Once your special needs trust is in place, working with a financial advisor with knowledge and experience in the nuances of special needs planning is essential to fund your child's special needs trust properly. Some types of assets will serve your child's purchasing power more effectively and tax-efficiently than others. If you don't know a financial advisor who focuses on this type of planning, don't worry! There are resources available to you, including Chartered Special Needs Consultants (ChSNC), where you can locate an advisor who is right for your family.
Additionally, together, when you work with a Personal Family LawyerⓇ, they will make sure that your legal documents specify not just long-term guardians but short-term guardians as well. A temporary guardian can step in immediately if something happens to you, ensuring that there is no gap in your child’s care while a permanent solution is put into place.
But having the right guardians in place is only the beginning—you also need to ensure that your plan is accessible and ready to be implemented at a moment’s notice.
A crisis plan is only useful if it’s accessible and up-to-date. Keep copies where they can be easily found—such as with a trusted caregiver, in your home, and with your attorney. Consider using digital storage or a secure online service to ensure the plan is available in an emergency.
It’s also so important that you regularly review and update your plan. Medical needs, therapy schedules, and legal arrangements change over time. Set a reminder to revisit your plan at least once a year or whenever there’s a major change in your family’s situation. When you work with a Personal Family LawyerⓇ, regular reviews are an inherent part of their process.
They also support you in communicating your plan with everyone involved. Talk with family members, caregivers, and medical providers so they understand their roles. Run through different scenarios to ensure there are no gaps in the plan. By keeping everyone informed, you avoid confusion and delays when quick action is needed.
Additionally, consider creating an emergency response kit with essential items such as medications, copies of important documents, and a written guide on how to care for your child. Having these materials readily available can make all the difference in a time-sensitive situation.
Don't leave your child's future to chance—take control with a solid crisis plan. When you work with a Personal Family LawyerⓇ, their Life & Legacy PlanningⓇ process ensures your child with special needs will always have the care, stability, and resources they rely on, even if the unexpected happens. Taking these proactive steps today will save you and your child from unnecessary stress - and give you the confidence that your child’s future is secure.
Start today and create a plan that works when you need it most.