The Importance of a Letter of Intent for Special Needs in California

When you’re a parent of a child with special needs, your days are filled with love, challenges, and countless decisions about the future. 

While legal documents like Special Needs Trusts and guardianship forms are vital, there’s one useful tool many families overlook—a Letter of Intent (LOI), or sometimes called, Instruction to My Trustee.

This informal but powerful document can ensure that your child’s unique needs, preferences, and routines are preserved, even when you’re no longer there to provide guidance.

At Desert Law Group, we’ve been helping California families secure their children’s futures since 2001. With years of experience in estate planning, we understand how crucial it is to plan beyond the legal and financial aspects of caregiving. 

Let’s explore how an LOI can bring peace of mind and a clear roadmap for your child’s care.

What is a Letter of Intent?

A Letter of Intent (LOI) is a written guide created by parents or guardians to provide detailed information about a child’s life, needs, and care preferences. 

Unlike legal documents, an LOI is not binding in court. Instead, think of it as a personalized instruction manual for caregivers, family members, or professionals who may take over your child’s care in the future.

This document complements legal tools like a Special Needs Trust, bridging the gap between technical details and day-to-day caregiving. 

It captures the nuances of your child’s personality, routine, and medical needs—things only you might know but are vital for their well-being.

Why is a Letter of Intent Important for Children with Special Needs?

Every child is unique, and children with special needs often require a level of care and understanding that can’t be fully conveyed through legal or medical forms.

• Continuity of Care: An LOI ensures that your child’s caregivers understand their preferences, habits, and emotional needs.
• Avoiding Conflict: Family members might have different ideas about what’s best for your child. An LOI can prevent misunderstandings by clearly outlining your wishes.
• Protecting Benefits: It can provide guidance on preserving your child’s eligibility for government benefits, such as Supplemental Security Income (SSI) or Medicaid.
• Empowering Caregivers: By offering detailed information, the LOI reduces the trial-and-error process for future caregivers, enabling them to make informed decisions.

What Should Be Included in a Letter of Intent?

An LOI can feel daunting to write, but breaking it down into key sections makes it more manageable. These five areas cover everything future caregivers need to know:

Emotional Factors

Start by painting a vivid picture of your child’s personality and daily life.

• Child’s Profile: Include their full name, birth date, nicknames, and a brief family history. Share details about their personality, likes, dislikes, and communication style.
• Daily Life and Care: Describe your child’s daily routine, from morning to bedtime. Include information about meals, medications, therapies, and preferred activities.
• Medical Information: List their diagnoses, medications, allergies, and healthcare providers. Don’t forget appointment schedules and any specific treatment protocols.

This section helps caregivers understand your child as a person, not just a set of medical or logistical needs.

Family and Support Factors

Your child likely has a network of people who play a role in their life.

• Family and Friends: List key individuals, their contact information, and their roles in your child’s life.
• Professionals: Include therapists, doctors, teachers, and any other professionals who work with your child.
• Social Groups: Mention any clubs, support groups, or community activities your child participates in.

A strong support system ensures your child continues to thrive emotionally and socially.

Financial Factors

Financial planning is a cornerstone of long-term care.

Parents’ Finances: Provide a clear overview of your financial situation, including details about assets, income, and insurance policies.

Child’s Finances: Include information about any Special Needs Trusts, ABLE accounts, or other financial resources set aside for your child, excluding government benefits.

Financial Management: List financial advisors or professionals involved, along with their contact information. Clearly explain your values and preferences for how your child’s finances should be managed to ensure consistency.

Legal Factors

While an LOI is not legally binding, it works hand-in-hand with your legal estate planning documents.

• Overview of Estate Distribution: Clearly explain how your estate will be distributed, with specific details about provisions for your child with special needs.
• Location of Important Documents: Indicate where essential legal documents, such as wills, trusts, powers of attorney, and healthcare directives, are stored.

Keeping everything organized makes it easier for caregivers to follow through on your wishes.

Government Benefit Factors

Many children with special needs rely on government programs for healthcare and financial support.

• Details of Government Benefits: Document all government benefits your child receives, including eligibility criteria, contact information, and steps to maintain these benefits.
• Preserving Benefits: Emphasize strategies for maximizing and protecting your child’s eligibility for critical benefits to ensure long-term stability and access to necessary resources.

Providing this information protects your child’s access to essential resources.

Tips for Writing a Letter of Intent

When writing a Letter of Intent (LOI), it’s important to keep the language clear, conversational, and easy for others to understand. This document is meant to serve as a practical guide, so avoid overcomplicating things with jargon or overly formal language. 

Remember, it’s not a one-and-done task—reviewing and updating your LOI regularly is crucial. As your child grows and their needs, preferences, or routines evolve, the LOI should reflect those changes to stay relevant and useful.

Whenever possible, involve your child in the process of creating the LOI. Their input can offer invaluable insights into their likes, dislikes, and daily routines, giving future caregivers a more complete understanding of their needs. 

Once the LOI is completed, share it with trusted family members, caregivers, or professionals involved in your child’s life. Accessibility is key, so ensure it’s stored in a place that’s easy to locate when needed.

Finally, set aside dedicated time to work on the LOI thoughtfully. Treat it as an ongoing project rather than a one-time task. 

Even small steps can make a significant difference in providing the clarity and peace of mind your child’s future caregivers will appreciate.

Planning for Your Child’s Future? Contact Desert Law Group Today

At Desert Law Group, we understand that planning for a child with special needs involves more than just legal documents. It’s about creating a framework for their care, happiness, and security. 

A Letter of Intent is a vital part of this process, and we’re here to help you get started.

Call us today at 760-239-5661 or reach out via our online form to schedule a consultation. Let’s work together to craft an estate plan that gives you peace of mind and ensures your child’s needs are met—now and in the future.