Estate Planning is tricky enough, but it's even trickier if one of your beneficiaries is disabled.

If this situation describes you, you're not alone. Between 15-20% of Americans have some form of disability. This means that a significant portion, close to 12%, of American parents have to figure out a way to provide for and protect their disabled children after they're gone.

It's tough, of course, to think about our own eventual demise. But when those feelings are accompanied by anxiety about who's going to care for your disabled adult child or grandchild when you're gone, it can become emotionally-draining. Traditionally, benefits have been paid for by Social Security or Medicaid, but state and local governments have been steadily tightening the income requirements. Private-sector resources can be tough to find these days. Both the government and non-profits have cut funding to group-housing programs just as the disabled population is growing due to longer life expectancy.

In a very sad way, these developments have created a perfect storm working against the welfare of special needs beneficiaries. In fact, a recent report noted that the U.S. would have to expand residential services for disabled people by at least 28% to keep up with the demand. To make this "perfect storm" even more worrisome, some 65% of parents of disabled children have no plan for where their child will live when they get older. As a result, a cloud of unknowns hangs over many American families.

Decisions need to be made for the good of your disabled child or grandchild, about how and where they'll live, and who'll care for them if you can't. So this isn't something you should be putting off. As we all know, the future has a tendency to get here much faster than we think. You may not be able to do much about your child's disability, but there is something you can do about his or her future. You can structure your estate plan so that your child won't be disqualified for benefits when you're not around to provide for them anymore! There's no better time to start preparing than now. Here are a few tips:

What is a Special Needs Trust?

This is a way to put aside assets for a disabled child without endangering your (or your child's) eligibility for government benefits. These may be appropriate for families wealthy enough to leave a home to a child. But, to be sure, you'd need to speak with an Elder Law attorney, because legislative changes could cause the house to be counted as an asset - and end up disqualifying the child from SSI and Medicaid.

The requirements for government-supported benefits are tight and getting tighter all the time. So your trust should be drawn up by an Elder Care-Special Needs attorney with expertise on specific income and asset requirements.

What about Long-Term Care?

If a parent requires long-term care while the child is still under 65, a Special Needs Trust may be a good idea. This allows the parent to qualify for Medicaid coverage by putting everything in the trust for the child. When adults seek Medicaid benefits to help pay for long-term care, there's a "look back" period. What does this mean? When considering whether the parent qualifies for assistance with long-term care, Medicaid can include any gifts they've given within the past five years as assets. . . which could preclude them from obtaining assistance. But the assets the parent put in a special-needs trust for the disabled child are not counted.