Phoenix, AZ estates & probate attorney Anya Witmer talks about special needs planning and why it’s so important. She explains that special needs planning is a distinct area of estate planning focused on beneficiaries who require additional considerations. This can include adults or minors with disabilities, beneficiaries receiving government benefits where an inheritance might affect eligibility, or individuals who may struggle with managing money due to financial inexperience, addiction, or other personal challenges such as mental health or substance use issues.

She often encounters clients who feel unsure about leaving an inheritance to a beneficiary with special needs and may consider disinheriting them, believing they cannot provide support or that others will manage on their behalf. She emphasizes that this is not necessarily the only solution.

Through careful special needs planning, she can design an estate plan that both protects the beneficiary and safeguards the estate and its assets. Each plan is individualized, taking into account the nature and value of the assets, the beneficiary’s specific circumstances, and the client’s intentions. One important aspect of such planning is the potential appointment of an independent trustee to assist the beneficiary in managing their inheritance in a way that aligns with the overall plan and meets their needs.

She underscores that special needs planning is not one-size-fits-all; it requires a holistic approach to ensure that the client’s wishes are honored while supporting the long-term well-being of the beneficiary.