Special Needs Trusts and Estate Plans

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Essential Legal Protection for Every Adult, Especially in Disability Planning

Power of Attorney

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What is a Power of Attorney?

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A Power of Attorney (POA) is one of the most important planning tools for adults of any age or ability. It allows you to choose someone you trust to help make decisions or manage important tasks if you ever need support, temporarily or long-term.

A Power of Attorney helps you:

  • Prevent delays in medical or financial decisions
  • Avoid costly court proceedings like guardianship or conservatorship
  • Ensure your wishes are followed
  • Choose exactly who you trust to help you
  • Stay in control of your life, finances, and choices

A POA is essential for disability planning, but it is just as important for people without disabilities. Illness, accidents, hospitalization, or temporary incapacity can happen to anyone. A POA ensures your loved ones can help immediately, without legal barriers.

Why Power of Attorney Matters for Adults With Disabilities

For many individuals with disabilities, a Power of Attorney plays a vital role in adulthood and long-term independence. It allows a trusted supporter to assist with:

  • Managing SSI, SSDI, Medicaid, and other benefits
  • Coordinating housing, services, and supports
  • Completing healthcare paperwork and appointments
  • Assisting with bank accounts and budgeting
  • Navigating agencies, providers, and transitions into adulthood
  • Managing day-to-day responsibilities

A Power of Attorney can protect autonomy, support independence, and help prevent unnecessary guardianship. It allows a trusted person to help without taking away the individual’s rights or decision-making whenever they can make choices on their own.

A Power of Attorney Can Often Replace Guardianship

When an adult with a disability can make their own decisions with support, a Power of Attorney is often a better, less restrictive alternative to guardianship.

A Power of Attorney:

  • Protects the individual’s rights
  • Respects their ability to make decisions with assistance
  • Allows help only when needed
  • Avoids unnecessary court involvement
  • Supports independence through supported decision-making

Guardianship should be considered only when a POA and supported decision-making are not enough to keep the person safe.

Why a Power of Attorney Is Equally Important for People Without Disabilities

A POA is not only for individuals with disabilities — it is a critical planning tool for every adult over 18. Without it:

  • Spouses, parents, and children cannot legally access medical information
  • No one can help with financial matters during illness or hospitalization
  • Families may need to seek guardianship in an emergency

Emergencies happen unexpectedly. A Power of Attorney ensures the people you trust can help immediately and legally

How a Power of Attorney Works

How a Power of Attorney Protects You

1. You Choose Someone You Trust

A family member, friend, or someone who knows you well.

2. You Decide What Powers They Have

You stay in control. The Power of Attorney covers only what you choose.

3. They Can Assist When You Need Support

Immediate help becomes available without court delays.

4. You Keep Your Rights and Independence

A Power of Attorney activates only when support is needed; you continue to make decisions whenever you’re able.

Benefits of a Power of Attorney

Immediate Support in Urgent Situations

Loved ones can act quickly without waiting for court approval.

Prevents Costly, Time-Consuming Court Proceedings

Often avoids the need for guardianship or conservatorship entirely.

Keeps You in Control

You choose who helps, what they can do, and when they can step in.

Critical for Disability and Non-Disability Planning

Ensures continuity of services, supports, benefits, and decision-making for all adults, with or without disabilities.

Who Needs a Power of Attorney?

  • Anyone over the age of 18
  • Adults with disabilities
  • People managing chronic health conditions
  • College students
  • Families with aging parents
  • Anyone who wants a trusted supporter empowered to help legally

Why Families Trust Us for Power of Attorney Documents

Created by a national disability-law expert

Your documents are built by an attorney with 30+ years of experience.

Designed by a parent with lived experience

Clear, compassionate, real-life guidance.

Operated by a nonprofit

All revenue supports Disability Resources for Families, Inc.

Plain-English explanations

Written for families, not lawyers.

Affordable and accessible

High-quality legal tools without high attorney fees.

Allow Someone to Legally Act for You

Give someone you trust to the ability to make decisions for you. A power of attorney will make it easy for a trusted person to act for you.

For $77.99, you will receive a personalized document using my easy-to-use form developed from my 20+ years of legal experience.power

BENEFITS

  • Appoint someone to legally act for you
  • Allow someone to act for you when you are unable
  • Can be used as alternative to guardianship for individuals with disabilities

INCLUDED DOCUMENTS:

  • Power of Attorney

Create Your Power of Attorney

Our process is simple, clear, and supportive.

Answer a few guided questions and receive a reliable Power of Attorney you can rely on.

Contact Us With Questions

Special NeedsTrusts Online is the only online special needs trust platform created by a national disability-law expert and parent, operated by a nonprofit, and designed to guide families in plain English from start to finish without high fees, confusing legal jargon, or risky template forms.

Power of Attorney

An essential document for estate planning involving persons with special needs - Get Your Power of Attorney Today
Get Your Power Of Attorney Now

Allow Someone to Legally Act for You

Give someone you trust to the ability to make decisions for you. A power of attorney will make it easy for a trusted person to act for you.

For $77.99, you will receive a personalized document using my easy-to-use form developed from my 20+ years of legal experience.power

Benefits:
  • Appoint someone to legally act for you
  • Allow someone to act for you when you are unable
  • Can be used as alternative to guardianship for individuals with disabilities
Inlcuded Documents:
  • Power of Attorney

Table of Contents

What is a Power of Attorney?

The Power of Attorney (POA) allows another person who you name in the POA to act for you in anyway that you legally can do for yourself.. For example, it will allow them to access your bank accounts, buy and sell real estate in your name, deal on your behalf with the Social Security Administration of the Internal Revenue Service, and even write a will for you.

This is the most important document that you can create. Everyone over the age of 18 should have a Power of Attorney. It is more likely that you will need a POA, long before you need a will.

In my own practice, I had a woman, married, mother of two, who was the main breadwinner as well as the person who handled all the finances. She had a traumatic brain injury and was in a coma for a number of months. She did not have a Power of Attorney naming her husband. He was unable to access her bank accounts, deal with her long term disability insurance, and really ended up putting her family in financial jeopardy. Her husband had to go to court, and get a court order appointing him Guardian and Conservator to allow him to straighten out her long term disability insurance among other issues.

Understanding The Importance and Purpose Of A POA

Its Purpose For Those With Special Needs

For a person with an intellectual and developmental disability, they can issue a POA to assist them in all their legal and business dealings. This can be used instead of a Guardianship. It is much simpler and cheaper to create, and allows the person with the disability to retain all their legal rights.

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A young man and a girl with Down syndrome sit side by side, smiling and enjoying a painting activity, exemplifying the nurturing relationships supported by a power of attorney.

The Importance Of Planning For the Future Of Those With Special Needs

For someone with special needs this allows them to retain all their legal rights and still have parents or other people support them and assist them with all their important decisions. For example, they can deal with the Social Security Administration in securing their benefits, help them with their banking, and deal with any legal or business issues they may encounter.

For instance, for my son with Down syndrome, who is now 39, we have had this POA in place since he was 18. We have never had an issue in assisting him in any of his business or financial dealings. I have had the ability to work with his banks, as well as advocate for him with the Social Security Administration. This has allowed him to retain his independence and legal rights, while still allowing us to assist him in anything he needs.

When A Letter Of Intent Comes In Handy​

Real Examples Of LOI Uses

The letter of intent is critically important after you have passed to ensure that your child, with a developmental disability is continued to be supported in the manner that makes their life most meaningful. Once you are gone, someone will have to come in and continue to support your child the way you have been, throughout the childs life. For someone without this type of experience, it can be a daunting task, the letter of intent will lower the stress on the support person as well as provide information on the exact support your child needs, and is accustomed to.

Practical Example Of When A Letter Of Intent Is Important

LOI Uses

If you should be in some type of catastrophic accident, or develop some debilitating illness, someone will have to step in to provide support for your disabled child. This document can act as a guide and instruction manual to provide all the supports and contacts so that your child can continue with the life that they have been enjoying under your support. This document will provide great comfort to the person who now has to step into your shoes and provide these supports.

When Do You Use A Power of Attorney

Special Needs Child is Turning 18

If your child with a disability has issued you a POA you will be able to access their Bank accounts, deal with social security administration, or any governmental agency to assist them. So if there is a problem for instance with Social Security benefits, you would be able to call the Social Security administration, give them a copy of the POA, and have free access and the ability to deal with the Social Security Administration on behalf of your child.

Parent of a Special Needs Child

If you are the parent of a child with a disability, and you have issued a Power of Attorney to say your spouse, and circumstances change around any plans you made for your child, but you are now disabled yourself and not able to make decisions, the person you gave the Power of Attorney to can fix any estate plan or Special Needs Trust or whatever you would need to do to protect your child with a disability. One way to think about this is once you’ve issued a POA to someone, any legal issues that come up after your own disability will be able to be fixed by the person with the POA.

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A smiling family of three, with a young boy with Down syndrome, sits outdoors, embodying the proactive care and planning that comes with a power of attorney.
Attorneys typically charge in excess of $3,000 for these same documents.

Book a free consultation to learn more about how my services can help you provide financial protection for a child with special needs.

Types of Power of Attorney Documents

General POA

A POA allows someone to act for you in any legal capacity that you would be able to do yourself.

Limited POA

A limited Power of Attorney allows someone to act for you in a very limited capacity, for instance when you purchase or sell a house, frequently you give the Power of Attorney to your lawyer to act for you so you do not have to go to the closing.

Durable POA

A durable Power of Attorney is one that continues after your own disability. All Powers of Attorney on this site are Durable Powers of Attorney. More often than not when someone refers to a Power of Attorney it is typically the Durable POA. Even though this is not mentioned, it is rare to have a non-durable POA, with the exception of The Limited Power of Attorney.

Two individuals in a professional setting discuss documents, with the iconic scales of justice statue in the foreground, symbolizing the legal discussions surrounding a power of attorney.
A confident, middle-aged doctor in a white coat with a stethoscope around his neck sits on a desk in a clinic, representing the importance of discussing healthcare decisions and power of attorney with medical professionals.

Educational POA

The educational Power of Attorney allows someone to act on their behalf dealing with educational issues. This is commonly used when someone receiving special education services turns 18. At that point they are the legal decision maker and parents can be excluded from the process without this document.

Springing POA

A springing Power of Attorney is a Power of Attorney that does not come into play until the principal’s disability. In order to use a springing Power of Attorney it is necessary to have a physician state that the person who issued the Power of Attorney is now under a disability. The Power of Attorney cannot be used until the person who issued it is incompetent. The challenge with this type of POA is that it is very difficult to use because you must get a physician involved and create new paperwork that goes along with the Power of Attorney to prove the person is disabled in order to use the Power of Attorney.

Medical POA

A medical Power of Attorney is again a limited Power of Attorney to be used only in medical situations. This power allows someone to make medical decisions for you as well as having access to your medical information. Your medical POA can speak to your doctor and get all your medical information.

Who are the parties involved in a POA

Principal

The principal is the person who gives the Power of Attorney to another person.

Attorney in Fact

The attorney in fact or Agent is the person who was given the Power of Attorney and who can now act for the principal.
A joyful, multi-generational family of six poses together, embodying the unity and thoughtful planning involved in selecting a power of attorney.

Selecting your attorney in fact

Who can be selected as an attorney in fact

Anyone over the age of 18 can be appointed your attorney in fact. it is important that you have the utmost trust in this person because they will have the authority to do anything they want with your finances or make any legal decision for you and it would be binding.

What you should consider when selecting an attorney in fact

Usually this is granted to a spouse, parent, child, or extremely close friend. for a person with a disability granting the Power of Attorney would probably be a parent or sibling.
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What to do after you purchase a Power of Attorney through our site

Steps the customer must take after purchase.

After you purchase the Power of Attorney, please print up Power of Attorney and have it signed in front of a notary and two witnesses. While some states do not require it to be notarized or require witnesses having it notarized and witnessed by two witnesses makes it valid in all 50 states. An easy way to do this is to bring the document to a Federal Express Store or a UPS Store, not only can they print the document but they can provide you with notary services as well. Notaries can also be found at your bank or insurance agent or sometimes City Hall.

Signing the document (both parties)

You must sign the document in the presence of the notary and the witnesses and they must see you sign it.

How many POA copies to keep

It is a good idea to print up and sign and have notarized and witnessed two original copies of your Power of Attorney. give one to your attorney in fact and keep one for yourself. you should also make an electronic version of the signed, witnessed, and notarized Power of Attorney. Frequently when looking for authorization stock brokers, mutual funds, Social Security administration, require only that you email them a scanned copy of your Power of Attorney.

Who to notify you have a POA

Make sure you notify your family members and your attorney in fact that you have a Power of Attorney and where it is stored.

Where to keep copies of your POA

Keep your Power of Attorney where you keep all your important documents. your attorney in fact as well as your family know that you have a Power of Attorney and where you have stored it. do not store it in a safe deposit box as this can cause more issues as it is trying to be retrieved for use.

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Other Documents To Protect Your Loved Ones

Letter Of Intent

Craft your Letter of Intent to guide your loved ones through your wishes and values

Click here
POA For Education
Establish your Power of Attorney for Education and ensure seamless decision-making
Click here
Power Of Attorney
Establish your Power of Attorney and secure your financial future
Click here
Health Care Proxy
Create your Health Care Proxy and ensure your wishes are honored.
Click here
First Person Trust
Secure my future today with a personalized First Person Trust
Click here
Special Needs Trust
Draft your Special Needs Trust today for peace of mind tomorrow!
Click here

Meet Tom Sannicandro

I am a special needs planning attorney and an expert in Special Needs Trusts and have been practicing disability law for more than 20 years. I am the father of an adult son with Down syndrome, so I know the challenges that families face when trying to provide a future for all their children. So if you are looking for an attorney for special needs trust, look no further. After years of the practice of law, I thought the best way to give back would be to provide special needs estate planning documents for families with a child with special needs in an easy and affordable way. That is why I created this 501(c)(3) nonprofit corporation to provide families with an affordable way to protect their loved ones. Create your will and special needs trust now by clicking here or set up a free appointment with me by clicking here!

Frequently Asked Questions on Power of Attorney

While you are able to assist and fill out the forms on this website to create the Power of Attorney for your child with a disability, your child must be 18 years of age, and must understand that they are giving this power to someone else to make decisions for them. they need to understand what they are doing.
When your child turns 18 they become a legal adult and you can no longer make decisions for them unless they have given you a Power of Attorney or unless you have been granted guardianship over them by a court.
The best form of a Power of Attorney is the durable Power of Attorney which is what you get from this website.
The disadvantages of a Power of Attorney is that you have given legal authority of someone to act for they would have legal authority to do anything you can do yourself, that would include emptying your bank accounts, Etc.
The attorney in fact is responsible to act in the best interests of the principal who granted them the Power of Attorney. When an attorney in fact signs a legal document on behalf of their principal, they should always note in their signature that they were signing under the Power of Attorney for the principal. If they do not sign the document noting that they are signing under a Power of Attorney they could be personally responsible for the document they signed.
Not all states require the signature to be witnessed or notarized on a Power of Attorney. the documents sold here meet the requirements of all 50 states by requiring two witnesses and a notary public to witness the signatures.
you do not need a attorney to draw up the Power of Attorney. you can draw it up using this website.
it is a good practice to sign two original copies of the Power of Attorney. keep one for yourself in a safe place and give the other to your attorney in fact. it is also highly recommended that you have an electronic version of the signed and notarized Power of Attorney to use via email Etc as required.
having a Power of Attorney you must have someone that you have the utmost trust in, that you would trust with all your money, Etc., because that is exactly what you are doing with this document.
you can’t appoint more than one person as an agent for your Power of Attorney. this can get complicated as it could require both individuals to agree with whatever is happening. the powers of attorney drawn through this website only authorize a single person to have the Power of Attorney.
The Power of Attorney drawn through this website does not expire. you may however revoke the Power of Attorney by issuing another document revoking the Power of Attorney.
A power of attorney (POA) is a legal document that grants authority to an attorney agent to make decisions on behalf of the individual creating the document. In the context of special needs trusts, a POA can be utilized to address various aspects, including financial matters and healthcare decisions, ensuring seamless management of the trust.
A specific power of attorney grants authority for a particular purpose or transaction, while a uniform power provides broader and more comprehensive decision-making powers. The choice between the two depends on the individual’s needs and preferences, especially in the context of special needs trusts where the range of decisions may vary.
Depending on the scope granted, a power of attorney document can include specific powers related to medical treatment decisions. This allows the appointed attorney agent to make informed healthcare decisions on behalf of the individual with special needs, ensuring their medical preferences are respected.
Yes, it is possible to draft a power of attorney document with language addressing diminished mental capacity. This allows for the seamless transition of decision-making authority to the appointed attorney agent when the individual creating the document may no longer have the mental capacity to make sound decisions.
The attorney agent, appointed through the power of attorney document, plays a vital role in managing financial matters related to special needs trusts. This includes overseeing investments, handling transactions, and making financial decisions that align with the individual’s best interests and the goals of the trust.
Absolutely. Special powers can be incorporated into a power of attorney document to address unique circumstances in special needs planning. These special powers ensure that the attorney agent has the authority to make decisions tailored to the specific needs and requirements of the individual and the trust.
The power of attorney empowers individuals with special needs by allowing them to designate a trusted attorney agent to make decisions on their behalf. This becomes crucial when facing challenges in handling personal, financial, or healthcare matters independently, ensuring a reliable and legally recognized framework for decision-making.
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