It is commonly understood that no one knows a child like the parent or primary caregiver of the child. So, what happens when the parent or primary caregiver is no longer available due to death or disability? How will the new caregiver know the childs needs and desires? One way to accomplish this is to prepare a Letter of Intent. A Letter of Intent, also known as a Memorandum of Intent, is one of the most useful and valuable documents that a parent of a special needs child can prepare in the estate planning process because it will assist the person caring for your child in many important ways.

Although this document is not legally binding, it provides valuable guidance as to your childs needs as well as to your hopes and desires for your childs future. This will allow the new caregiver to have the benefit of the unique knowledge and insight that only you have of your child based on the many years of time spent nurturing and caring for your special needs child.

Many parents or primary caregivers find that writing such a letter is a very emotional and difficult experience. However, they also often experience great relief and satisfaction with having completed a step toward helping to ensure a well planned future for their special needs child.

Such a letter may be as informal as writing it out on a sheet of paper, or you may contact our office to request a form to provide detailed guidance in drafting the letter. In either event, the letter should address at least the following issues:

1. Personal Information and Family History . Name, birthdate, social security number, current address, and information about siblings, grandparents and other relatives or special friends with a close relationship to the child.

2. Legal Information. Current guardianship information including case number and court where located; or suggestions as to good candidates to be the guardian.

3. Medical History. Disability diagnosis, medical concerns, special medical problems, past operations and hospitalizations, medical providers, medical insurance, and medications, including over the counter items that work well.

4. Housing . Current living situation and its advantages and disadvantages, types of living situations that have worked and have not worked in the past, and a description of the best living arrangement possible for your childs unique needs.

5. Daily Living. Description of adaptive devices used, social and community needs, a daily activity schedule, caregivers approaches, sleep needs, and an average daily schedule.

6. Education History . Which schools have been attended, grade level in reading, writing, etc, participation in current programs, and special abilities.

7. Day Program or Work. Current and past day programs or work experiences and objectives as far as work and day programs.

8. Leisure and Recreation . Description of favorite recreational activities and people involved, favorite means of self-expression and favorite vacations.

9. Religious Environment . Churchs attended and objective for future religious participation.

10. Behavior Management. Description of current behavior management programs that are being used and other behavior management programs that have or have not worked, and people involved in each.

This letter should be placed with all of your other relevant legal and personal documents concerning your child. Do not forget to sign and date the letter.

Kara T. Burgess