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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 33564
Experience:  Estate Law Expert
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I want to amend my son's special needs trust Can I write and

Customer Question

I want to amend my son's special needs trust Can I write and notarize it or a lawyer must prepare the amendment
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Further, if you get a message asking if you want to do additional services like a telephone call that message is automatically generated by the website and is not sent from me. I, like most of the experts in the Legal categories, do not do telephone calls due to issues with State Bar rules and other concerns.

Since the work is being done for someone else then you would need to get a lawyer to do it to be sure that a court would accept it. Generally no one other than an attorney can prepare a legal document or represent someone else. While you don't mention specifically that your son is disabled or the type of disability he has, since he has a special needs trust I am presuming that he is disabled and thus a court would not be likely to recognize his ability to give you permission to make a change to his trust.

If the disability is a physical infirmity as opposed to a mental disability then this part isn't as big of an issue but it is still more likely than not that a judge will not recognize an amendment drafted by a non-attorney and, in addition, the drafting of the amendment could even (in the right circumstances) be considered practicing law without a license and thus subject you to potential criminal liability in Illinois.