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If you have set up a special needs trust, or you are about to, you have done the hard part. But the trust does not work by itself. It sits inside a set of documents that decide what actually reaches it, and most families I talk to have not done those yet.
There are four of them. Together they are what makes sure money goes to the trust instead of straight to your child, and that someone can act for you if you cannot. This page covers what each one does, what they cost, and when you should stop and call an attorney instead.
The four documents, done online
Trust & Will’s Will Plan — $199, one time. It includes all four: last will and testament, guardian nomination for minor children, financial power of attorney, and an advance healthcare directive with HIPAA authorization. Documents are built to your state’s laws. You can edit them later at no charge.
Sponsored partnership with Trust & Will. I’m a special needs parent, not a lawyer — this isn’t legal advice. We may earn a commission at no additional cost to you.
The mistake that undoes the trust
This is the one worth reading twice. A special needs trust only protects money that is actually directed into it. A will that leaves everything “to my children, equally” sends your child’s share to them personally — and assets in their own name can put SSI and Medicaid eligibility at risk.
The fix is not complicated, but it has to be written down: your will names the trust as the recipient of your child’s share, not your child. Grandparents who want to leave something need to do the same thing in their own wills. This is also why beneficiary designations matter so much — retirement accounts and life insurance pass outside your will entirely, and they are the most common place this goes wrong.
What each document does
Last will and testament. Directs where your assets go, and it is where you name the trust as the recipient of your child’s share. Without a will, your state’s intestacy rules decide instead — and those rules distribute to people, not to trusts.
Guardian nomination. A will lets you nominate who raises your minor children if you die. Worth being precise here: this is not the same as guardianship or conservatorship of a disabled adult, which is a separate court process that happens while you are alive and varies a great deal by state. If your child is approaching 18, start with our life planning guide — the online will does not cover that.
Financial power of attorney. Lets someone you choose manage your finances if you are incapacitated. For a parent who is the practical financial engine of a disabled child’s life, a gap here can stall everything from rent to trust funding.
Advance healthcare directive and HIPAA authorization. Records your own medical wishes and lets the person you name talk to doctors and see records.
What it costs
| Option | Price | Notes |
|---|---|---|
| Will Plan (individual) | $199 | All four documents. One-time. |
| Will Plan (couple) | $299 | Both spouses. |
| Trust Plan (individual) | $499 | A revocable living trust for your estate — see the note below. |
| Attorney support add-on | +$299 | Work with a licensed estate planning attorney. |
| Optional membership | $49/year | Auto-renews if you add it. Not required — editing documents is free either way. |
Important: the Trust Plan above is a revocable living trust for your own estate. It is not a special needs trust and cannot be used as one. A special needs trust is drafted for your child’s circumstances and your state’s benefit rules — that is attorney work. Do not try to substitute one for the other.
When to call an attorney instead
Online documents fit the straightforward version of this: you want a will that points to the trust, and the three supporting documents. Talk to a special needs planning attorney when any of these apply — and note that the answer genuinely differs from state to state:
- You need the special needs trust itself drafted or amended
- Your child is inheriting or receiving a settlement now
- You are dealing with guardianship, conservatorship, or supported decision-making for an adult child
- Your estate is large, blended, or holds a business or property in more than one state
- You are unsure whether a first-party or third-party trust applies to your situation
Find a special needs attorney in your state →
Common questions
Do I still need a will if I already have the trust? Yes. The trust holds and protects assets; the will is what sends assets to it and covers everything not already titled in the trust’s name.
Will this set up the special needs trust? No. These are the documents around the trust. The trust itself is drafted by an attorney for your child’s situation and your state’s rules.
Can grandparents use the same approach? Yes, and they should. Anyone planning to leave your child money needs their own will pointing to the trust rather than to your child.