April is Autism Awareness Month, and for families across the Gulf Coast including right here in Baldwin and Mobile Counties it’s a time to reflect, advocate, and plan ahead.
At King & King, special needs planning is more than just legal work, it’s personal. Our own family journey, including Dusty King’s brother, Trace, who has autism, has shown us just how vital it is to prepare thoughtfully and intentionally for the future.
If you have a loved one with autism or another developmental disability, now is the time to consider what long-term care, stability, and protection truly look like for both today and tomorrow.
Why Special Needs Planning is Different
Families with loved ones who have autism or other special needs face a unique challenge: balancing love and care with legal protection. Many individuals with special needs rely on government benefits like Supplemental Security Income (SSI) and Medicaid. But these benefits are means-tested, meaning an inheritance or even a small amount of savings could disqualify them.
That’s why simply leaving assets to a loved one with special needs or asking a sibling to “take care of them” can lead to unintentional consequences, like loss of medical coverage or financial instability.
Three Critical Tools for Long-Term Support
If you’re caring for or thinking ahead for someone with autism, here are three key components to consider:
1. Supplemental Needs Trust (Special Needs Trust)
A Supplemental Needs Trust allows a person with special needs to benefit from inherited assets without disqualifying them from receiving government benefits. The trust is structured to provide supplemental care things like therapy, education, transportation, and more without replacing what SSI or Medicaid provides.
There are two types:
- First-Party Trusts – funded with the beneficiary’s own assets (like a legal settlement).
- Third-Party Trusts – funded by parents, relatives, or friends, often through an estate plan.
At King & King, we help families across the Gulf Coast create the trust structure that fits their unique needs.
2. Conservatorship
If your loved one with autism is unable to manage their finances as they reach adulthood, a conservatorship may be necessary. This legal appointment allows a trusted person to oversee financial matters, with the court’s guidance and protection.
It’s also wise to name a successor conservator, someone who can step in if the primary conservator is ever unable to serve.
3. Guardianship
In addition to managing finances, many individuals with special needs need someone to make decisions about their personal care like where they live, their medical treatment, or day-to-day support. That’s where guardianship comes in. It provides legal authority to make these important decisions on behalf of your loved one.
Together, a trust, conservatorship, and guardianship form a strong foundation for lifelong care and protection.
Let’s Build a Plan Together
Autism Awareness Month is a powerful reminder that advocacy starts at home and planning starts today. If you live on the Gulf Coast and are navigating life with a loved one with autism or other special needs, we invite you to connect with us.
Let’s talk about how we can help you protect your loved one’s future while giving you confidence in the present.
No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.
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