Episode 12: Protecting Benefits & Autonomy: A Guide to National Make a Will Month

Thank you, Victoria.

So we're about now halfway through Make-A-Will month.

And Wendy, maybe I'll first ask you, why is estate planning so much more critical and high stakes for families navigating the autism community compared to the general public?

It's more important because these families may have a loved one who suffers from a cognitive impairment or another impairment that makes it difficult to manage their finances.

And they may also be dependent on certain benefits like Medicaid program, SSI, things that are dependent upon financial eligibility in addition to having money.

meeting specific disability criteria.

For those people, it's very important to make sure that they have a properly structured will that creates special needs trusts, addresses guardianship issues, and puts the right people in place to take care of their loved one.

And Alan?

Yes, I agree.

It's very important that a will be made out well in advance.

I've encountered situations where individuals on Medicaid or SSI benefits did not have a will, and it can be very complicated in maintaining those benefits if a will is not in place ahead of time.

And those benefits are critical to our individuals for receiving the services that they get.

Absolutely.

And Wendy, a lot of parents listen to this and think, my child is only 10 years old.

Let's talk a little bit about the legal timeline of this.

When should parents officially stop waiting and officially start setting up a specialized legal framework? What happens legally when a neurodiverse child also turns 18 if no planning is in place?

So I think the time to do the planning, whether or not you have a loved one who's neurodivergent, you're 18, you need to have some sort of a plan.

And that can be having things like healthcare proxies and powers of attorney.

You might not have assets yet.

Once you have a child with or without a diagnosis, it's very important to have a will.

Life doesn't have a timeline.

We don't know when bad things happened.

If we did, we'd have no need for first responders because we'd know when the emergencies were going to happen and then they wouldn't happen.

We make sure there's a plan in place now.

Do it when things are calm.