Worldwide, about 75 million people, representing one percent of the population, have autism spectrum disorder. In the United States, about two percent of all children have a form of autism, according to the Centers for Disease Control and Prevention (CDC). Even more shocking is the fact that autism prevalence has increased by almost 200 percent since the year 2000. Given the dramatic increase in the number of people living with autism spectrum disorder, there is a good chance that you have a child, grandchild, or another family member who is on the spectrum. April is Autism Acceptance Month in the U.S., offering an excellent opportunity to support autism awareness. The Beverly special needs planning attorneys at DeBruyckere Law Offices discuss what you can do to support Autism Acceptance Month and encourage you to incorporate special needs planning into your estate plan if you intend to gift assets to someone with autism.
What Is Autism?
Autism Spectrum Disorder (ASD) is a complex, lifelong developmental condition that typically appears during early childhood and can impact a person’s social skills, communication, relationships, and self-regulation. The Autism experience is different for everyone. It is defined by a certain set of behaviors and is often referred to as a “spectrum condition” that affects people differently and to varying degrees. While there is currently no known single cause of Autism, early diagnosis helps a person receive resources that can support the choices and opportunities needed to live fully. Common signs and characteristics of autism include:
- Repetitive behaviors, movements, or phrases
- Lack of response to normal stimuli such as his/her name or visual cues
- Atypical verbal communication or non-speaking
- Difficulty understanding or expressing feelings.
- Avoiding eye contact
What Causes Autism?
There is no known single cause for Autism, but it is generally accepted that it is caused by differences in brain structure or function. Brain scans show differences in the shape and structure of the brain in people with Autism compared to in neurotypical development. Researchers do not know the exact cause of Autism but are investigating several theories, including the links among heredity, genetics, and medical problems. There has been misinformation about the cause of Autism. It is not caused by vaccines or due to parenting style or nutrition. In many families, there appears to be a pattern of Autism or related disabilities, further supporting the theory that the disorder has a genetic basis.
While no one gene has been identified as causing Autism, researchers are searching for irregular segments of genetic code that people with Autism may have inherited. It also appears that some people are born with a susceptibility to Autism, but researchers have not yet identified a single “trigger” that causes Autism to develop. Other researchers are investigating the possibility that under certain conditions, a cluster of unstable genes may affect brain development in an unexpected way, resulting in Autism. Still, other researchers are investigating complications during pregnancy or delivery as well as environmental factors such as viral infections, metabolic imbalances, and exposure to chemicals.
What Can I Do to Support Autism Awareness Month?
Whether you have autism, are a family member of someone with autism, or simply someone who wants to support autism awareness, there are several things you can do to support Autism Awareness Month. Navigate to Autism Speaks to find ways to help that include things such as making a financial pledge, sharing on social media, wearing your support, or lighting up your home in blue, the color associated with autism awareness.
The Autism Society of America also continues its fifth annual #CelebrateDifferences campaign in honor of Autism Acceptance Month. Every day the Autism Society works to create connections, empowering everyone in the Autism community to live fully. They believe that acceptance is creating a world where everyone in the Autism community is connected to the support they need when they need it. Navigate to the Autism Society’s website to find out how you can get involved.
Autism and Special Needs Planning
As the parent, grandparent, or loved one of a child with autism, special care may need to be taken when estate planning because gifting assets directly to your child or loved one could do more harm than good. Because autism is a spectrum disorder, many children diagnosed with autism are high functioning and go on to live a completely independent and successful life when they reach adulthood. Others, however, who live with low-functioning autism may depend on state and federal assistance programs such as Medicaid, Medicare, or SSI as adults.
State and federal assistance programs, however, typically have income and asset limits that cannot be exceeded by recipients. Gifting assets to someone with a disability or special needs, therefore, can result in disqualification for many of these much-needed programs. The solution is often found in the creation of a special needs trust that lets you gift assets to a special needs beneficiary without those assets counting against the beneficiary for purposes of eligibility for assistance programs.
If you intend to make gifts to a special needs beneficiary, be sure to consult with your estate planning attorney about incorporating a special needs planning component into your estate plan.
Contact Beverly Special Needs Planning Attorneys
For more information, please join us for an upcoming FREE seminar. If you have additional questions about special needs planning, contact our special needs planning attorneys in our North Andover, Woburn, and Beverly offices at (978) 969-0331. Our Londonderry and Nashua, New Hampshire office can be reached at (603) 894-4141.
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