Gilfix & La Poll Associates LLP Gilfix & La Poll Associates LLP

CRITICAL Special Needs Planning for Children with Autism

estate planning

As a parent of a child with autism, you want to ensure that your child is provided for, even after you're gone. The best way to do this: Setting up a special needs trust. A special needs trust creates a structure that allows you to provide for your child's financial needs without jeopardizing their eligibility for government benefits. In this blog post, we will discuss the importance of special needs trusts for parents of children with autism, and how they can benefit families in Palo Alto, Sunnyvale, Los Altos, the Bay Area, and anywhere else in California.

What is a Special Needs Trust?

A special needs trust is a legal document that allows you to set aside money for your child with special needs, without affecting their eligibility for government benefits such as Medicaid (or, as we call it in California, Medi-Cal) and Supplemental Security Income (SSI). These benefits are critical for individuals with special needs, as they provide financial assistance for healthcare, housing, and other necessary expenses. However, the eligibility for these benefits is means-tested, which means that your child's income and assets could disqualify them from receiving assistance. A special needs trust can help you avoid this issue.

Why are Special Needs Trusts Important for Parents of Children with Autism?

Autism is a developmental disorder that affects communication, social interaction, and behavior. Individuals with autism may require ongoing medical treatment, therapy, and support services throughout their lives. As a result, their financial needs can be significant. By setting up a special needs trust, you can ensure that your child has access to the resources they need to live a fulfilling life, even after you're gone.

In addition to providing for your child's financial needs, a special needs trust can also offer several other benefits, such as:

  1. Protecting Your Child's Inheritance: When you pass away, your assets will be distributed to your heirs according to living trust (it is crucial to set one up if you do not yet have one!) However, if your child with autism receives an inheritance directly, it could disqualify them from receiving government benefits. A special needs trust can help you avoid this issue by ensuring that your child's inheritance is protected and managed properly.

  2. Providing Peace of Mind: As a parent of a child with special needs, you likely worry about their future. A special needs trust can offer extraordinary peace of mind by ensuring that your child is financially supported, even if you're not there to care for them.

  3. Allowing for Flexibility: Special needs trusts can provide flexibility allowing for funds to be used for your child's unique needs. You specify who will manage as a trustee, and the trustee has wide discretion over how the funds should be used. This allows for flexibility and ensures that your child's needs are met.

How Can Special Needs Trusts Benefit Families in Palo Alto, Los Altos, Sunnyvale, and the Bay Area?

Palo Alto, Los Altos, and other parts of the Bay Area are affluent communities that offer many resources for families with special needs. However, the cost of living in these areas can be high, which can make it difficult for families to provide for their children with special needs. A special needs trust can help families in Palo Alto and Los Altos by providing financial support for:

  1. Housing: The cost of housing in the Bay Area can be expensive, especially for individuals with special needs. A special needs trust can help cover the cost of housing, whether it's through purchasing a home or paying for rent. (It is CRUCIAL to plan for Prop 19 to avoid property tax increases - see this page for more information.)

  2. Healthcare: Individuals with special needs often require ongoing medical treatment and therapy. A special needs trust can help cover the cost of healthcare, including medical bills and insurance premiums.

  3. Education and Training: Special needs trusts can also be used to pay for education and training, such as vocational training or college tuition.

Want to learn more about Special Needs Planning? See our recent webinar here!

Conclusion

In conclusion, a special needs trust is a valuable tool for parents of children with autism. It can provide financial support for your child's future needs while ensuring that their eligibility for government benefits is not affected. Additionally, a special needs trust can offer peace of mind, flexibility.

Gilfix & La Poll is one of the top Special Needs Planning firms in America. We have helped hundreds of Palo Alto, Los Altos, Sunnyvale, and other California families with Special Needs Trusts. 

If you are concerned about these issues, contact us and we can help!

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