Families of children with autism need to consider many things when doing their estate planning.  Children with autism have special educational needs and requirements, and may require more care at various stages of their life.

First, consider the needs of your children with autism compared to those who do not have autism.  The key difference in most situations is the level of attention needed in school and during tutoring sessions.  Some public schools have excellent resources for children with autism, but many communities suffer from a dismal lack of resources.  If your town does not have adequate support systems for children with autism, you will probably be necessary to hire a private tutor.  This can be expensive, and your estate planning should reflect this.

The two things that you need to consider when creating an estate plan that will adequately take care of a child with autism are 1) funds and 2) management and distribution of funds.  Funds refers to the cash, stock, real estate, and other assets available to pay for your autistic child’s education and living expenses.  If you do not have many assets, consider buying life insurance.  Life insurance policies can be placed into a special needs trust, so your child with autism will not receive a reduction in state and government benefits while receiving payments.

Management of funds is just as important as the funds themselves.  Appoint a trustworthy trustee who can look after your child and disperse funds to them.  This should be a person that you know well and who knows your child with autism.  If you cannot think of someone who you would trust to look after your child, then appoint a bank trustee or law firm.  Law firms that specialize in children with special needs are usually willing to perform this function, and they are accountable to numerous regulatory authorities.

Remember, the quality of life for your child with autism is the most important thing to consider when you are creating an estate plan.

This post is governed by attorney advertising rules.  Eric is an attorney who specializes in New York wills, Autism law, and special needs planning.  Feel free to contact him via e-mail at Eric@nyhomelaw.com

Filed under: Special Needs Planning

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