“Thought for the Day” #901 – by Stephen R. Elville, J.D., LL.M.

February 8, 2017

Writing a Memorandum of Intent can be time-consuming and emotionally taxing.  It is a task, however, that cannot be postponed.  In the context of special needs planning, without such a document future caregivers will lack a comprehensive, thoughtful record of the disabled person’s history, needs, hopes and dreams.  If possible, try to include the disabled person in the process of creating the document so it truly will reflect his or her perspective.  For example, you might ask about his or her favorite activities or foods or inquire about dreams for social activities or future vacations.  Once the Memorandum is complete, attach it to the special needs trust for the benefit of the disabled person (if one exists), and/or place the original in another secure location and distribute copies to others involved in the disabled person’s life.  Then mark your calendar, setting aside time to revise the Memorandum at least once a year so it will continue to reflect the disabled person’s current life stage and situation.  If you want to start the process of writing a Memorandum of Intent but don’t know where to start, help is available in the form of  templates that will trigger responses and guide you in the process.