April is Autism Awareness Month—a time to foster understanding, support, and action. For families of children with autism and other special needs, that action often includes planning for the future. Estate planning may not be the first thing that comes to mind, but for parents, it’s one of the most critical steps in ensuring lifelong care, support, and security.
At Madsen Beck, we work with many families across Eagle and the greater Treasure Valley area who want to make sure their child is cared for, not just today—but for decades to come. Whether your child is young or approaching adulthood, there are unique estate planning tools and legal considerations that can help you prepare with confidence and compassion.
Why Traditional Estate Plans Don’t Work for Special Needs Families
Most estate plans focus on distributing assets and naming guardians, but when a child has a disability or developmental delay, a traditional estate plan can actually cause harm—especially if your child receives or may become eligible for government benefits like Medicaid or Supplemental Security Income (SSI).
Leaving assets directly to your child could disqualify them from these programs. That’s why specialized planning tools like special needs trusts (SNTs) and clear guardianship arrangements are vital.
Key Considerations for Parents of Children with Special Needs
1. Create a Special Needs Trust (SNT)
A special needs trust allows you to leave money or assets to benefit your child without impacting their eligibility for government programs. A trustee manages the funds and can pay for services or needs not covered by public benefits—like private therapies, education, travel, or housing upgrades.
In Idaho, SNTs must comply with both federal and state-specific Medicaid rules, and should be drafted carefully to avoid pitfalls. There are two main types:
- First-party SNTs (funded with the child’s own assets, like an injury settlement)
- Third-party SNTs (funded by parents or other family members)
A third-party SNT is typically the best fit for parents doing proactive estate planning.
2. Consider Guardianship or Conservatorship When Your Child Turns 18
In Idaho, once a person turns 18, they are legally considered an adult—regardless of developmental or intellectual disabilities. If your child is unable to make decisions related to health, finances, or daily life, you may need to petition the court for guardianship (personal decision-making) or conservatorship (financial decision-making).
This process can be emotional, but it’s often essential for long-term care. It’s also wise to start the process 6–12 months before your child turns 18, so there’s no lapse in support.
3. Write a Letter of Intent
While not a legal document, a Letter of Intent is a crucial guide for future caregivers. It outlines:
- Your child’s daily routines, preferences, and needs
- Medical history and providers
- Educational programs and goals
- Communication styles, behavioral strategies, and dreams for their future
This letter can give peace of mind to you—and clarity to those who may one day step into your shoes.
4. Name a Trusted Guardian and Backup
In your will, name someone to care for your child in the event something happens to you. This decision may change over time, so it’s important to revisit it every few years. Also, name a backup (or two) in case your first choice is unavailable.
5. Coordinate with Extended Family
Well-meaning grandparents or relatives may want to leave money directly to your child. Make sure they understand the risks of doing so, and encourage them to contribute to your child’s special needs trust instead.
We’re Here to Help
Every family’s situation is unique—and the planning process can feel overwhelming. At Madsen Beck, we specialize in estate planning and guardianships for families across Idaho. We’re here to help you:
- Protect your child’s future without jeopardizing benefits
- Appoint guardians and trustees you trust
- Navigate the Idaho court system for conservatorship or guardianship
- Plan for long-term care and peace of mind
Local Tip for Idaho Families:
If you’re navigating guardianship in Idaho, know that the court will often require a physician’s evaluation and testimony to establish a person’s inability to make decisions. Planning ahead with your child’s care team and attorney can streamline this process significantly.
Planning for a Lifetime of Support
You’ve spent years advocating for your child’s education, therapies, and happiness. Estate planning is one more way to advocate—one that will protect them, even when you’re no longer able to.
This Autism Awareness Month, take one small step forward.