Ensuring Lifelong Care: The Role of Special Needs Trusts for Children with Autism

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David and Sarah were thrilled when their daughter, Lily, was born. Like many proud parents, they shared pictures with friends and family and began setting aside money for her future education. However, as Lily grew older, they started to notice delays in her development. By the age of two, Lily struggled with speech, displayed repetitive behaviors, and had unusual reactions to sensory experiences. After undergoing numerous tests and seeing several specialists, Lily was diagnosed with autism.

The prevalence of autism in children has increased significantly in recent years. In 2007, the Centers for Disease Control reported that 1 in every 150 children was diagnosed with autism, a rise from previous estimates. The U.S. Department of Education also recorded a sharp increase in the number of children aged 3-17 receiving services for autism, with figures nearly doubling from about 109,000 in 2001 to over 212,000 in 2005. Additionally, a University of California at Davis study found a 273% increase in autism diagnoses in California between 1987 and 1998.

Autism manifests differently in each individual, ranging from mild impairments to severe challenges. Consequently, some children may require multiple specialists, such as speech therapists, occupational therapists, and doctors who focus on autism-related care. Many parents find that public resources for children with autism are scarce or insufficient, especially for those more severely impacted, who may need lifelong support to manage daily tasks and live independently.

One option for parents to ensure their child receives adequate care is to set up a Special Needs Trust. This type of trust allows the child to benefit from assets placed in the trust while maintaining eligibility for public assistance programs. Parents can establish a Special Needs Trust at any time, even before the child turns 18, and they can fund the trust for immediate or future use.

A Trustee, appointed to manage the trust, is responsible for ensuring that the assets last throughout the beneficiary’s lifetime. The Trustee has the discretion to make distributions for expenses not covered by government assistance. Since the child is only the beneficiary and not the legal owner of the trust assets, their eligibility for government benefits remains intact.

By creating a Special Needs Trust, parents like David and Sarah can rest assured that their child will be taken care of in the long term. The trust is designed to supplement government benefits, enhancing the beneficiary’s quality of life beyond the basic support that public programs provide.