Copyright 2020 SpecialNeedsAnswers
The information in this guide should not be considered legal advice. While we strive to provide as detailed, reliable and understandable legal information as possible in our Special Needs Guides, they cannot substitute for an attorney applying the law and years of experience to a particular client situation. We urge readers to use the Guides as background material and to consult with one of our members before taking action.

How to Write a Memorandum of Intent

A Guide When Writing Your Letter

A Memorandum (or Letter) of Intent communicates and documents your preferences regarding the care of John Doe as beneficiary of the special needs trust you created. It provides a guideline for those people who may become responsible for decisions about John as beneficiary of the special needs trust.

The Memorandum of Intent is a personal letter drafted by you that is intended to give your trustees insight and information regarding services, supports and other personal matters affecting John. This letter differs from the trust because it does not convey legally binding directions like those in a trust. Rather, it is a personal letter to those people who will have responsibility for John when they must make important decisions.Read More

Points to Remember When Writing the Letter

1. Parents, brothers, sisters, other family members, and especially John should contribute to the letter.

2. The contents of the letter should reflect your expectations. Future circumstances may make it difficult for others to carry out strict demands. You must trust that those carrying out your plan will try to adhere to your expectations.

3. You should gear the preferences in the letter toward enhancing John’s independence and growth. Your requests should not accommodate the convenience of other family members or service providers.

4. The letter should be written in non-technical language by you. It should communicate to the reader your heartfelt desires.

5. A letter of intent is not legally binding like your trust. However, it's contents should not contradict your trust. Please provide the law firm of [NAME OF YOUR LAW FIRM] with your letter (plus any later revised letters) so we can make sure that it is consistent with the terms of your trust.

6. Periodically review, and if necessary, update your letter. Make sure that it still reflects not only your expectations, but also the preferences of other family members and John. Age and circumstances may alter what you want in your letter.

The Content of Your Letter Should Include:

1. The letter should begin by stating John’s full name, date of birth, place of birth, name of the trust, date of trust, and John’s Social Security Number.

2. You should then name the agencies that relatives, trustees, and guardians should contact for advice and help (e.g., local chapter of the ARC, the law firm of [NAME OF YOUR LAW FIRM], case manager, care providers, physicians, therapists, close family members and friends, etc.).

3. Financial and Other Support for John

  • List all government benefits that John receives or may be eligible to receive.
  • List any arrangements with a corporate trustee, care manager or other entity for John’s continued care. Include the name and address, plus any special instructions.
  • If appropriate, list John’s current employment or the type of employment you think he would like.

Go to next page

The Content of Your Letter Should Include:

4. Current Living Arrangements

  • Describe the type of living situation you anticipate for John (e.g., live with a particular relative or in a small group home or apartment with support).
  • The location of the living situation you anticipate for John (e.g., the geographic locale you prefer and type of physical and natural environment, if that is important).
  • The qualities of the living arrangement (e.g., non-smoking home, adhere to a certain religion, only allows certain types of disabilities).
  • Regular routines in the person’s schedule (e.g., daily schedule of getting ready for school, weekly appointments).

5. Programs and Services

  • Name the type of school or day program setting expected.
  • List the name and address of day programs, sports programs, habilitation programs or other programs and activities in which John regularly participates.
  • List the type of services, therapies, or medical interventions that are needed, or may be needed (e.g., job training, speech therapy, behavioral evaluations).
  • Describe John’s routine medical care (e.g., regular check-up schedule, annual eye examination) and the names and locations of preferred medical professionals.
  • Identify any health insurance that should be maintained, including addresses, phone numbers and insurance number. Make a copy of the insurance card and attach it to the letter.
Read More

Get this Full Guide for free.

Tell us the E-mail address you would like us to send the guide to.


1 of 5

Topics

View All Special Needs Topics Questions & Answers Directory of Pooled Trusts Directory of ABLE Accounts