Estate Planning and Legal Issues in Autism:
Did you know that if your child receives therapy from the government that you need to carefully plan your estate? In fact, in the event of the death of a parent or parents, if the child does NOT have a special needs trust in place, your state's government may consider the inheritance that you leave your child as "income," rendering him or her ineligible for services?
Even if grandparents leave money to a child with a disability, your state may consider it to be "income," which will render the child ineligible for medical assistance. Well-meaning grandparents who leave an estate to a grandchild with autism is a major problem with our children. Make sure that your parents and you, as a parent of a special needs child, have a special needs trust in place!
Ask Your Attorney or Estate Planning Professional About a Special Needs Trust
SPECIAL NEEDS TRUSTS
- Merrill Lynch in Business Week Magazine about the importance of a special needs trust
- The Importance of Planning for a Special Needs Trust from Exceptional Parent
- New Jersey Law Journal discusses special needs trusts
- Kansas City Star -- MoneyWise: Special Needs Require Special Preparations
- New Jersey Biz: Special Trusts for Disabled Children
- USA Today: Special Needs Trust Helps the Disabled
- The ARC has a great paper on special needs trusts [MSWord format]
- National Institute on Life Planning for Persons with Disabilities at KidSource
Guardianship Issues
Who will you ask to become a guardian for your autistic child? It's a decision that cannot be taken lightly. If you haven't seen an attorney to work out guardianship for your child(ren), you need to do so. It's unpleasant to think about, but it's a necessity. Do it for them.
- The Autism Society of America has an excellent section on the selection of a guardian for your child.
- From the Federal Government publication office including planning for the future, guardianships and conservatorships, planning for financial needs and more!
- Special Needs: Caring for Loved Ones under Unique Circumstances by NY Life
- Guardianship for the adult with special needs


