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
- Take stock of assets, insurance policies, and current beneficiary designations.
- Choose potential trustees and successor trustees (people and a corporate backup).
- 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.
- Open an ABLE account if your state offers one or accepts out-of-state residents.
- 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.
