Navigating the "Autism Cliff": A Portland, Oregon Special Needs* Planning Attorney Explains What Parents Need to Know
Multnomah Falls, Oregon
Families with a child on the autism spectrum often experience a stark change when that child reaches age 18, a transition sometimes referred to as the "autism cliff." Many of the supportive services relied on during childhood, such as specialized education programs, may shift or end altogether in adulthood. This can leave parents concerned about how to maintain consistent care and ensure their child's ongoing well-being.
Understanding the Transition Challenge
As a Portland, Oregon special needs* planning attorney, I've guided many families through this critical transition. The challenges can be significant: educational support services typically end, healthcare coordination may change, and parents' legal authority to make decisions for their child is no longer automatic. However, with proper planning, these challenges can be successfully navigated.
Essential Legal Tools for Adult Children with Autism
Several legal arrangements can help ensure continuity of care and support:
A Special Needs* Trust can provide financial support while preserving eligibility for essential government benefits. This trust can pay for additional therapies, specialized equipment, or quality-of-life enhancements that government benefits don't cover.
Guardianship or Power of Attorney arrangements allow parents to continue making important decisions about their adult child's healthcare, living arrangements, and financial matters when appropriate. The right choice depends on your child's specific capabilities and needs.
HIPAA Authorizations ensure parents can continue communicating with healthcare providers about their adult child's medical care.
Planning for Long-Term Security
Beyond immediate transition needs, it's crucial to consider your child's long-term future. This includes identifying future caregivers, establishing clear instructions for their care, and ensuring sufficient financial resources are available. As your Portland, Oregon special needs* planning attorney, we can help you create a comprehensive plan that addresses both immediate and future needs.
Taking Action Before the Cliff
Ideally, families should begin planning for this transition well before their child turns 18. This allows time to:
· Evaluate your child's capacity for independent decision-making
· Apply for adult services and benefits
· Set up necessary legal arrangements
· Create detailed care instructions
· Identify and prepare future caregivers
If you're approaching this transition, or want to ensure your current plan provides comprehensive protection, we're here to help. Contact our office to schedule a consultation with a Portland, Oregon special needs* planning attorney who can guide you through creating a secure future for your loved one.
*NOTE: We use the outdated terminology “special needs” to refer to this area of law and to the particular type of trust that protects a disabled beneficiary’s assets from being counted for SSI and Medicaid purposes for two reasons. First, this is the terminology most people are familiar with and will be searching to find. Second, “disability law” typically refers to the area of law that deals with qualifying for federal disability benefits like SSI, SSDI, and Medicare Plan D; and “disability lawyers” typically handle appealing any denials of qualification their clients get. Internally within our office, we call our special needs trusts “supplemental needs trusts” and the planning we do in this area “disability planning.”
If you want to get started on your estate plan, read about our estate planning services and schedule an appointment.
To your family's health + happiness.
~Candice N. Aiston