Having a disabled child can be a life-changing experience, and it is important to plan for their future to ensure they receive the care and support they need throughout their lives. A comprehensive legal plan can provide peace of mind for both you and your child, and ensure that their needs are met, even after you are gone.

1. Create a Special Needs* Trust (also called a Supplemental Needs Trust)

This type of trust is designed to provide for a child’s financial needs without affecting their eligibility for government benefits. It Cana lso be used to cover expenses not covered by government programs, such as medical equipment, therapy, and education.

2. Appoint a Guardian

If you die or become incapacitated, a guardian will be responsible for the day-to-day care of your child. It is important to appoint someone you trust and who understands your child’s needs.

3. Consider Life Insurance

Life insurance companies can provide financial security for your child if you pass away. It can also be used to fund a special needs* trust.

4. Set up an ABLE Account

If applicable, create an ABLE account that will allow your child to earn and save money without causing problems with benefits like Medicaid or SSI.

5. Consider Future Care Needs

Being a parent to a child with autism or other disabilities sometimes requires a crystal ball; the unfortunate reality is that waitlists for services and housing opportunities you may wish to pursue in later years could be decades long. The time to start exploring your options for your child’s future care needs in now—before you need them. Your attorney will connect you with community resources that can help.

Creating a legal plan for a child with autism or other disabilities can be a complex process, but it is essential to ensure that their future is secure. With the right support and guidance, you can create a plan that gives you peace of mind and provides for your child’s future.

If you want to get started on your estate plan, read about our estate planning services and schedule an appointment.

To your family's health + happiness.

~Candice N. Aiston

*Please note that while the term “special needs” is outdated in disability discourse, we still use it to refer to this area of disability trust law because “disability law” most commonly refers to the area of law where lawyers assist with handling federal disability benefits application denials and appeals. Our firm refers to our disability trusts as “supplemental needs trusts,” but they are most commonly known to lawyers and the public as “special needs trusts.”