April's World Autism Awareness Month brings a critical issue into focus for many families: what happens when a child with autism reaches adulthood? Turning 18 is a major legal transition, and for young adults on the spectrum, this threshold can feel like an 'autism cliff'. Suddenly, the structured support of childhood falls away, and parents find their legal ability to make decisions on behalf of their child significantly altered.

The Challenge at 18

The law doesn't account for the spectrum of abilities in autism when it grants full adult rights at eighteen. This can leave families worried and unsure about how to continue providing support.

Finding Solutions

Thankfully, there are clear pathways to navigate this transition:

Limited Guardianship and/or Conservatorship: Tailored to fit individual needs, this option allows for necessary support without stripping away autonomy. It can be a good option for young adults who do not have the capacity to understand and sign legal documents like Powers of Attorney.

Powers of Attorney and Healthcare Directives: With these, young adults can designate trusted people to assist with decisions if they have the capacity to understand and agree. Young adults must have the capacity to understand what they are signing.

Supplemental Needs Trusts and ABLE Accounts: Parents can utilize these financial planning tools that provide for your child's future without compromising their access to essential benefits.

The key to a successful transition is crafting a plan that's as unique as your child, one that not only meets their current needs but also has the flexibility to adapt as they grow into adulthood. If you're looking for guidance, our team is here to offer support. Our Portland, Oregon Trust Lawyer will work with you to explore each option, ensuring that the plan you put in place is both comprehensive and capable of evolving with your child's journey. Together, we can make the path to adulthood for your loved one as smooth and secure as possible.

—

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