Utilizing a Memorandum of Intent:

Planning for a Loved One with Disabilities

By Alison Kahney, Esq., and Jennifer Simons, Esq.

 

A Memorandum (or Letter) of Intent is a document that can be very useful in estate planning. We have found Letters of Intent to be especially helpful if you are planning for a loved one with disabilities that you currently care for. Although these documents are not legally binding, they are precatory, meaning they express your wishes or intentions.

 

When clients are planning for a loved one with special needs, they are often concerned with how their loved one’s future care takers will be able to step in to a new role that may involve a lot of intricacies.  Many clients that have been caring for a loved one for many years have a routine in place, including many different doctors, care takers, and other professionals. They also know their loved one’s preferences very well.

 

In these instances, we recommend that clients write down what they have learned and their wishes in a Memorandum of Intent that they keep with their estate planning documents. Then, when the time comes, future caretakers will be able to reference the Memorandum. We have found that this can help both the caretaker and the individual with disabilities with the transition by limiting change and maintaining familiar practices as much as possible.

 

Our firm can provide an example Memorandum of Intent that clients reference to help guide them when creating the Letter. Don’t hesitate to contact us today by clicking here or by calling 610-648-9300.