If you are a parent who has a child on the autism spectrum, you have probably spent a lot of time worrying about what will happen when your child becomes an adult. This time of life is sometimes referred to as the “autism cliff,” which is the age at which young adults with autism spectrum disorder (ASD) grow too old to receive publicly funded services.
While the “cliff” has been receiving more attention in recent years, the question of how autistic adults will receive support is still wide open. Because of this, there are certain aspects of your estate plan that you will want to pay particularly close attention to because you’re the parent of a child with autism.
Planning for Your Child’s Care
If your child is currently under the age of 18 years old, be sure to appoint a guardian who can care for them if you should die before your child becomes an adult.
You may also wish to investigate the possibility of guardianship and power of attorney for an adult child who may continue to need care or who might not be able to make healthcare or financial decisions on their own.
Estate Planning and Supplemental Security Income
If your adult child meets the definition of “disabled,” they may be entitled to Supplemental Security Income (SSI) benefits, which are designed to provide income for shelter and food.
While the amounts a person can receive with this benefit are relatively modest, they can help make it possible for your child to have some degree of independence as an adult. However, receiving an inheritance can put your child over the asset limit that is in place for recipients of SSI benefits.
Fortunately, there are estate planning tools that are available to help you avoid this dilemma when you are gone someday. One of them is the Special Needs Trust.
Special Needs Trusts
A special needs trust (SNT) is a trust designed with the specific needs of a disabled beneficiary in mind. They can preserve your child’s eligibility for public benefits while allowing them to continue to receive funds that they can use for expenses beyond their basic necessities. This can include the purchase of a residence, entertainment and travel expenses, hobbies, and costs relating to pets.
Parents of children with autism can set up an SNT during their lifetime so that their children can have adequate funds for a fuller and more enriched life in the event that the parent becomes incapacitated or passes away.
Speak to a Tampa Special Needs Attorney
Setting up an estate plan can feel overwhelming for people in just about any situation. Planning for the future needs of a child with autism can feel particularly cumbersome. An experienced special needs attorney can help you make provisions for your child that will ensure that they are cared for if you become incapacitated or lose your life. With a solid plan in place, the autism cliff will be far less perilous for your child.
Our special needs attorneys are here to answer your questions and walk you through every step of the process. To get started, simply contact our Brandon law firm at (813) 438-8503 and mention this article to schedule an initial consultation.