Families with children on the autism spectrum face unique challenges when it comes to legal and financial planning. From ensuring your child’s long-term financial security to navigating custody arrangements that respect their need for routine and stability, the stakes are high—and the planning requires specialized knowledge.
At Leffler, Bayoumi & Oliver, we work with families across Maryland to create comprehensive plans that protect children with autism spectrum disorder (ASD) throughout their lives.
Why Standard Estate Plans Fall Short
A typical estate plan might leave assets directly to your children. For a child with autism, this approach can be catastrophic. Direct inheritances—even modest ones—can disqualify your child from essential government benefits like Medicaid and Supplemental Security Income (SSI).
These means-tested programs have strict asset limits. A $2,000 inheritance could cost your child access to therapy, housing assistance, and medical care worth far more over their lifetime.
The solution isn’t to leave your child nothing. It’s to plan strategically.
Special Needs Trusts: The Foundation of Disability Planning
A special needs trust (also called a supplemental needs trust) allows you to set aside funds for your child’s care without affecting their eligibility for government benefits. The trust can pay for things that public benefits don’t cover:
- Therapeutic services beyond what Medicaid provides
- Educational programs and vocational training
- Recreation and entertainment
- Transportation including vehicle purchases and modifications
- Technology such as tablets, computers, and communication devices
- Personal care items and clothing
- Housing modifications and home furnishings
- Travel for family visits or vacations
The key is that trust funds supplement—rather than replace—public benefits. A properly drafted special needs trust gives your child enhanced quality of life while preserving access to essential services.
Choosing a Trustee
Selecting the right trustee is critical. This person will manage your child’s financial resources and make spending decisions that affect their daily life. Consider:
- Financial competence to manage investments and distributions
- Understanding of your child’s needs and preferences
- Long-term availability since the trust may last decades
- Willingness to coordinate with caregivers and service providers
Many families name a trusted family member as trustee, with a professional trustee (such as a bank or trust company) as backup. Others use a professional trustee from the start, especially when the trust holds substantial assets.
ABLE Accounts: A Flexible Supplement
Maryland ABLE accounts offer another powerful planning tool. These tax-advantaged savings accounts allow individuals with disabilities (and their families) to save money without jeopardizing benefits eligibility.
ABLE Account Advantages
- Tax-free growth on investment earnings
- Tax-free withdrawals for qualified disability expenses
- Account owner control when appropriate
- Simpler administration than a trust
- Medicaid payback only from remaining funds at death
ABLE Account Limitations
- Contribution limits (currently aligned with gift tax exclusion)
- Account balance limits for SSI purposes ($100,000 before SSI suspension)
- Eligibility requirements (disability onset before age 26)
- Single account rule (one ABLE account per person)
For many families, the best approach combines a special needs trust with an ABLE account. The trust holds larger amounts and provides more flexibility, while the ABLE account offers tax advantages and potential for account owner involvement.
Guardianship: Planning for Adulthood
When your child turns 18, they become a legal adult with the right to make their own decisions—even if they lack the capacity to do so wisely. For many young adults with autism, this transition requires careful planning.
Understanding Your Options
Guardianship isn’t the only option, and it’s not appropriate for everyone. Consider:
Full Guardianship - You make all decisions for your adult child, who loses the right to make legal, medical, and financial choices.
Limited Guardianship - The court grants decision-making authority in specific areas while your child retains rights in others.
Supported Decision-Making - Your child makes their own decisions with help from trusted supporters, without losing legal rights.
Power of Attorney - Your child voluntarily grants you authority to act on their behalf in specific situations.
Starting the Process Early
Don’t wait until your child’s 18th birthday to address guardianship. The process takes time, and courts require evidence of incapacity. Start conversations with your attorney at least a year before your child reaches adulthood.
Divorce Considerations for Families with Autistic Children
Divorce is difficult for any family, but it presents particular challenges when a child has autism. At Leffler, Bayoumi & Oliver, we’ve helped many families navigate these situations with their child’s wellbeing as the central focus.
Custody and Parenting Time
Children with autism often thrive on routine and predictability. When creating a parenting plan, consider:
- Minimizing transitions between households
- Maintaining therapy schedules and service provider relationships
- Consistent rules and expectations across both homes
- Sensory considerations in each environment
- Transportation arrangements that reduce stress
Some families find that a primary residence arrangement works better than equal time-sharing. Others successfully implement shared custody with careful attention to transition routines. The right answer depends on your child’s specific needs.
Child Support and Extraordinary Expenses
Standard child support calculations may not account for the additional costs of raising a child with autism:
- Applied behavior analysis (ABA) therapy often costing $40,000-$60,000+ annually
- Speech and occupational therapy beyond insurance coverage
- Specialized educational services and tutoring
- Social skills programs and recreational therapies
- Dietary supplements and specialized foods
- Respite care for primary caregivers
Maryland courts can deviate from child support guidelines when a child has extraordinary needs. Document all autism-related expenses carefully and work with an attorney who understands how to present these costs effectively.
Co-Parenting Communication
Effective co-parenting requires clear communication about your child’s progress, challenges, and needs. Consider establishing:
- Shared documentation systems for therapy notes and school communications
- Regular check-ins about your child’s development
- Protocols for medical decisions and treatment changes
- Emergency contact procedures
Letter of Intent: Your Child’s Story
Beyond legal documents, we encourage families to prepare a Letter of Intent—a detailed description of your child that future caregivers will need. Include:
- Daily routines and preferences
- Medical history and current treatments
- Communication methods and behavioral strategies
- Favorite activities and sensory preferences
- Important relationships in your child’s life
- Your hopes and dreams for their future
This document isn’t legally binding, but it’s invaluable. Update it regularly as your child grows and changes.
Building Your Planning Team
Effective planning for a child with autism requires expertise across multiple disciplines:
- Estate planning attorney for trusts, wills, and legal documents
- Financial advisor familiar with special needs planning
- Benefits specialist to coordinate government programs
- Insurance professional for life insurance and other coverage
At Leffler, Bayoumi & Oliver, we coordinate with your other advisors to ensure your plan works as an integrated whole.
Take the Next Step
Every family’s situation is unique, and your child’s plan should reflect their specific needs, abilities, and goals. Whether you’re just starting to think about the future or need to update existing documents, we’re here to help.
Contact our office to schedule a consultation. We’ll discuss your family’s situation and develop a comprehensive plan that protects your child today and for decades to come.
Need Legal Assistance?
If you have questions about this topic or need legal representation, our experienced attorneys are here to help. We work with clients throughout Maryland to provide practical guidance and effective advocacy.
Contact us to discuss your situation and learn how we can assist you.