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Planning · Future

Peace of mind for the road ahead.

A plain-language introduction to special needs trusts and the legal tools that protect your child's care, benefits, and finances — long after you're able to provide them yourself.

Why this matters

Many adults with autism rely on means-tested benefits like SSI (Supplemental Security Income) and Medicaid. Leaving money to your child outright — through a will, insurance, or inheritance — can disqualify them from these benefits. A properly drafted special needs trust (SNT) lets you provide for your child without jeopardizing the supports they depend on.

The three kinds of special needs trusts

  • Third-party SNT. Funded by anyone other than the beneficiary (parents, grandparents, life insurance, inheritance). The most common choice. No Medicaid payback required at death.
  • First-party (self-settled) SNT. Funded with assets that belong to the beneficiary (often from a lawsuit settlement or back-pay). Medicaid is reimbursed from any remaining funds at death.
  • Pooled trust. Run by a nonprofit; your contribution is pooled with others' for investment but tracked in a separate sub-account. A practical option for smaller amounts.

What a trust can pay for

Quality-of-life expenses that government programs won't cover — therapies, communication devices, transportation, recreation, vacations, education, a caregiver, home modifications. The trustee should never give cash directly to the beneficiary.

Other documents to put in place

  • Letter of intent. Not a legal document, but a roadmap for future caregivers: your child's routines, preferences, medical history, what soothes them, and your vision for their life.
  • Guardianship or supported decision-making. Decide before age 18 how your adult child will make medical, financial, and legal decisions.
  • ABLE account. A tax-advantaged savings account (up to set annual limits) that doesn't affect SSI/Medicaid eligibility. Often used alongside an SNT.
  • Updated will and life insurance beneficiaries. Make sure assets flow into the trust, not directly to your child.

First steps

  1. Take stock of assets, insurance policies, and current beneficiary designations.
  2. Choose potential trustees and successor trustees (people and a corporate backup).
  3. Consult a special needs planning attorney — not a generic estate lawyer. The Special Needs Alliance and the Academy of Special Needs Planners are good starting directories.
  4. Open an ABLE account if your state offers one or accepts out-of-state residents.
  5. Draft and start the letter of intent. Update it yearly.

This page is educational and not legal or financial advice. Laws vary by state and country — please consult a qualified special needs planning attorney and a financial planner before acting.