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LEGAL AND FINANCIAL SERVICES

Parents of children with autistic spectrum disorders or any disability should develop a long-term financial and legal plan that may include the following:
  • Supplemental security income (SSI)
  • Special Needs Trust and Will
  • Guardianship
Supplemental Security Income
Children with autistic spectrum disorders may be eligible for Medicaid and for monthly Supplemental Security Income (SSI). While a child is under the age of 18 these benefits are based on parental income. Supplemental Security Income (SSI) is a federal cash benefit program designed to guarantee a minimum monthly income to people who are either disabled, blind, or 65 years of age or older and who have limited incomes.

Operated by the Social Security Administration, SSI benefits are based on need rather than the amount paid into the program or the number of quarters worked. SSI benefits are paid to eligible people only, not to family members or survivors.

Parents should not forget that on their child's 18th birthday, despite their income level, many teens with autistic spectrum disorders will become eligible for SSI benefits and Medicaid on their own. If you would like more information about your child's eligibility for these benefits, call or contact the Nebraska Department of Social Security Benefits at (402) 471-3121 or visit their website.

Special Needs Trust and Will
If you have a child with a disability, and if you anticipate your child may inherit resources, you may want to set up a special Needs Trust. The Special Needs Trust allows your child to maintain state and federal benefits while protecting resources for items and services typically not covered by government benefits. You should contact a lawyer to help you ensure that your child's rights are protected.

Guardianship
Unless you have made prior legal arrangements, all teens including teens with ASD become adults and their own legal guardians on their 18th birthday. If an individual is not capable of making responsible decisions a formal evaluation should be done to determine the need for guardianship.

If it is determined that your adult child is not able to make responsible judgments you will then need a lawyer to help designate a legal guardian for your adult child. Parents may remain legal guardians, or an adult sibling, relative, a family friend, or a professional may be designated.

Resources
A number of professional resources across Nebraska are skilled at long term financial and legal planning for people with disabilities.
Locate a Legal and Financial Services Provider near you

 
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