This type of a Letter of Intent is a document that you may prepare to help the guardians, trustees and the courts interpret your desires for your child. It is not a formal "legal" document, but most courts will generally look to it for guidance in understanding your child and your wishes. The courts tend to favor the family's wishes as long as they are not illegal or immoral. Should anything happen to you, the future guardians and/or trustees will have the information that will guide them in understanding your child's unique history and which will assist them in maintaining the quality and consistency of life which is so essential to any special child.
This Letter of Intent is a living document that should be updated and added to on a regular basis throughout your life. You may want to set aside an anniversary date to review your letter every year, and make needed changes. At other times events will require the letter to be changed immediately, such as noting a bad reaction to a specific medication. When you need to make changes you may only need to rewrite that portion of the letter. Placing the information on a computer for easy updates is one way to keep the document current.
Title: Minnesota General Guidelines for Writing a Letter of Intent and Communicating Your Wishes to the Guardians, Trustees, and the Courts about Your Child Introduction: In Minnesota, it is essential to have a well-drafted Letter of Intent that clearly communicates your wishes regarding the care, guardianship, and financial management of your child in the event of your incapacity or death. This detailed description aims to provide general guidelines for writing such a letter and highlights the importance of effectively communicating your wishes to guardians, trustees, and the courts. Different types of Minnesota guidelines for this purpose are also discussed below. 1. Understanding the Purpose of a Letter of Intent: A Letter of Intent serves as a supplemental document to your estate planning documents and provides guidance to those responsible for your child's care. It helps ensure your child's wellbeing, continuity of care, and adherence to your personal, religious, educational, and cultural values. 2. Consider the Essential Components: Your Letter of Intent should include relevant information about your child's daily routine, medical needs, religious practices, education preferences, recreational activities, and unique personality traits. Ensure you cover essential aspects that impact your child's life and overall well-being. 3. Language and Clarity: Write your letter in clear and concise language, avoiding ambiguous terminology. Use straightforward sentences to convey your intentions and ensure ease of understanding for guardians, trustees, and the court. 4. Maintaining an Updated Document: Review and update your Letter of Intent regularly, considering changes in your child's life circumstances and relevant legal requirements. A current document reflects your current wishes accurately. 5. Addressing Guardians and Trustees: Within your Letter of Intent, clearly identify the preferred guardians and trustees for your child. Provide contact information and discuss the responsibilities and expectations you have in mind for them. Ensure the individuals you choose are willing and capable of fulfilling these roles. 6. Financial Considerations: Discuss the financial aspects related to your child's upbringing, including any trusts, funds, or special needs provisions established for their benefit. Provide instructions on managing finances and any specific restrictions or requirements. 7. Communication with the Courts: In Minnesota, it is essential to communicate your wishes effectively to the court. While a Letter of Intent is not legally binding, it can serve as persuasive evidence when used in conjunction with other legal documents. Clearly express your intent, reasoning, and the thought process behind your decisions. Types of Minnesota General Guidelines for Writing a Letter of Intent: 1. Letter of Intent for Guardianship: Focuses on appointing a legal guardian for your child and outlines your expectations regarding their upbringing, education, medical care, and values. 2. Letter of Intent for Testamentary Trust: Includes instructions on managing and distributing assets for the benefit of your child while addressing the responsibilities and expectations of the trustee. 3. Letter of Intent for Special Needs Trust: Specifically caters to children with special needs, addressing their unique requirements, medical considerations, therapeutic treatments, and government benefits. Remember, while this detailed description offers general guidelines, it is advisable to consult with an attorney specializing in estate planning to ensure your Letter of Intent effectively represents your wishes and complies with Minnesota laws and regulations.
