There is a movement underway to encourage Congress to change the tax code to provide up to a $5,000 tax credit for legal fees paid with establishing legal guardianship. The tax credit may also be available for legal fees paid in connection with establishing a trust for a person with disabilities. The tax credit would be available for the person who actually paid the legal fees.
The Special Needs Tax Credit Alliance, a non-profit organization, has been formed in order to raise awareness for this issue and to build national support for the tax credit. The Special Needs Tax Credit Alliance petition is located at http://specialneedstaxcredit.com.