New Year’s resolutions are the hardest things to make and the easiest to break. There are some resolutions you can make for family member with special needs that are important to keep.

• Review your estate plans each year and check insurance or pension beneficiaries’ designations. A generic designation naming your children as beneficiaries could adversely affect the special needs child who needs to maintain eligibility for SSI or Medicaid benefits. It could mean an outright distribution to the child that would be counted as income. Consider instead not naming the disabled child as beneficiary on insurance policies, IRA or retirement accounts and making a bigger cash contribution to a special needs trust.
• Take the time to understand completely the type of government benefits that your family member maybe receiving. Understanding the difference between SSDI and SSI will help you in planning for that family member in the event that you are not around to care for them and help you from making costly mistakes. The SSA website is user friendly and has all types of documents you can download to explain benefits available to your family member. It is also possible to email SSA with questions you may have regarding benefits. Usually you will receive an email answer within 48 to 72 hours.
• If you have not created, a special needs trust for your family member make 2011 the year you actually complete that task. As a parent, you are the best person to create that trust. Waiting until it is absolutely necessary can mean more in legal costs later. It is better to pay more now that to deal with litigation that will take up time and more of your funds in legal fees that could have been used for the benefit of your family member instead.

Ryan, Hicks, Cumpton & Cumpton LLP is a member of the American Academy of Estate Planning Attorneys.