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Disability: what to review in your estate plan

Public benefits such as SSI and Medicaid have strict limits on money and property. A gift or inheritance left directly to a person with a disability can cost them those benefits. The right tools protect both the benefits and the person.

Worth reviewing

  • A supplemental (special needs) trust, so an inheritance adds to benefits instead of replacing them
  • Who will care for your loved one, and who will manage the money, after you
  • Guardianship, or a less restrictive alternative, for an adult who needs support
  • A letter of intent that tells future caregivers who your loved one is
  • Whether other relatives’ wills accidentally leave money outright to your loved one

Documents to look at first

For this life event, these are the documents most often affected. Your own list depends on your family and what you have already signed.

  • Special needs planning
  • Guardian nominations for children
  • Your will
  • Revocable living trust
  • Beneficiary designations (retirement, insurance, bank accounts)
  • Health care power of attorney and living will
  • Financial power of attorney

When to act

At diagnosis, and at every transition.

Related life events

Not sure where your plan stands?

A consultation is the place to talk through what has changed and what to update first. Nothing is finalized until we have talked.

This page is general information about Illinois law and is not legal advice. It does not create an attorney-client relationship. See the Disclaimer. Last updated October 2026.