A letter of intent is often used to accompany a special needs trust to convey to the trustee and guardian how the assets in the trust should be used to care for the beneficiary of the trust. (Learn more in our article here about special needs trusts.) A letter of intent is not a legal document, and it doesn’t need to follow any specific format — it’s a personalized document where parents can explain all the ins and outs of their child’s care that they’ve learned how to navigate over the years.
Even if you don’t have a special needs trust set up, you should include a letter of intent in your estate plan. Attorney Debra Koven tells us, “The whole point of creating an estate plan is to give you peace of mind that you've made the decisions you believe to be best for your family. To that end, a letter of intent is an additional way to protect and care for your child. The letter should contain information the parents know helps their child, all in hopes of making the transition from one caregiver to another as seamless as possible.”
In addition to rounding out your estate plan, this letter or plan of care can be a good document to have for anyone who’s taking over your child’s care temporarily. It can help give you confidence that all your child’s needs and preferences are written down and clear to understand.
Every child’s care plan is unique, so there’s no single format or template the letter of intent needs to take, but here are some categories to consider including in your plan of care:
All your child’s important relationships: family members, friends, mentors, teachers, and providers, with their contact information
Home and routine information: a typical day in the life of your child, your child’s communication methods, how to successfully navigate challenges that may come up, dietary needs and preferences, what daily living skills your child can perform alone, what they need assistance with and how your child prefers to receive assistance
Educational information: where they go to school, what accommodations and services they receive there, and what they like/don’t like; you can attach a copy of your child’s annual IEP and their All About Me page
Medical information: your child’s medical history, medication, other daily or weekly care needs, clinic and at-home therapies, insurance details, and your preferred medical facilities and providers; some families like to include what medical treatments they’ve tried in the past that didn’t work for their child
Public benefits: service coordinator or case worker contact information, list of services your child receives, and other important information for what your child receives from state or national disability agencies and organizations
Social-recreational information: your child’s hobbies and interests, preferred activities and programs they participate in, what they enjoy or don’t like about those activities, what motivates them, etc.
Career and future planning: any work experience your child has (depending on their age), any financial accounts in their name, your child’s goals and wishes for their future education/work/living arrangements
Future vision: your hopes and dreams for your child’s future, such as being included in their community, to guide their caregiver as they advise and support them
✅ Tip: your Undivided digital binder should already have most of this information if you’ve uploaded your child’s school IEP, Regional Center IPP, IHSS documents, medical and insurance documents, and profile!
The Special Needs Alliance notes that your letter can be written in a conversational tone, not legalese, and should include practical advice for addressing your child’s needs in each of these areas. You can read an excerpt from a sample letter of intent on their page here.
If you’re looking for a template to help you get started, you can check out these resources as a starting point that you customize for your child:
You don’t have to sit down and complete this document all at once! What’s important is getting started and setting aside a little time every day or week until you’ve finished. Keep in mind these tips from Texas estate lawyer Rania Combs:
Be detailed and specific. This helps ensure your child’s care can be consistent if another caregiver ever needs to step in based on what you’ve written.
Involve your child in creating the document. You’re writing about their present needs and plans for their future, so make sure your child has input, as appropriate for their age and development.
Involve professionals in creating the document too. Sending a friendly email to your child’s teacher or provider to review a particular section can make sure you’re not missing any important information.
When you’ve compiled everything, sign and date the letter, and include a copy with your estate plan and a copy in a secure but accessible location in your home. Let family members and your child’s caregivers know that it exists, so they know where it will be to reference if needed.
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