This Autism Acceptance Month, Have the Legal Conversation Every PNW Family Should Be Having

April is Autism Awareness and Acceptance Month, a time when communities across the Pacific Northwest and the country come together to celebrate the strength, individuality, and greater potential of autistic individuals and their families. For many PNW families, April is also a quiet reminder of a question that rarely gets asked out loud: What happens to my loved one when I am no longer here to care for them?

It is one of the most human concerns a parent or family member can carry. And while no legal document can replace the love and support that you or a caregiver have been providing, the right estate plan can go a long way toward ensuring that a person with a disability has the financial security, continued access to benefits, and quality of life they deserve. At Cornerstone Legal PLLC, we work with families across Washington and the Pacific Northwest to build exactly that kind of security. This month, we want to share what that process can look like and why starting sooner rather than later matters enormously.

The Problem Most Families Do Not See Coming

Roughly 1 in 31 children in the United States is currently identified with autism, according to recent CDC data. Many of those children will grow into adults who rely, at least in part, on government benefit programs like Supplemental Security Income (SSI) and Medicaid to help cover daily living expenses and medical care. Those programs carry strict asset and income limits in order to continue to qualify. In 2026, an SSI recipient generally cannot have more than $2,000 in countable resources in their name at one time, and a monthly income limit of under $1,000. You read that amount right. $2,000 in total countable assets at one time without the ability to earn more than $1000 a month. 

Here is where well-meaning families can, and occasionally do, inadvertently cause serious harm. When a parent or grandparent passes away and leaves a direct inheritance to a loved one with a disability, that inheritance can push them over the resource limit and terminate their eligibility for SSI and Medicaid — sometimes immediately. The same problem can arise from a life insurance payout, a personal injury settlement, or even a distant relative’s gift. The family gave everything they had to protect their loved one, and the result was the opposite of what they intended. 

Not every supplied gift will be a multi-million dollar trust that will allow for the same level of medical care that the governmental assistance programs would have been able to fill in for, or greatly reduce the costs of. Providing full access to funds to your disabled loved one may cause them to lose their benefits, which would then lead to immediate need to use those funds you left to pay for every medical, personal, and general living cost they would need – rapidly draining funds that should, and could, have lasted their lifetime. 

A Special Needs Trust, structured properly under Washington law, is specifically designed to prevent that drained outcome.

What a Special Needs Trust Actually Does

A Special Needs Trust (SNT) is a legal arrangement that holds assets for the benefit of a person with a disability without those provided assets being counted as the person's own resources for purposes of SSI, Medicaid, or other means-tested benefit programs. The trust can pay for goods and services that the government benefits do not cover — things like transportation, recreation, education, personal care items, technology, travel, and quality-of-life experiences that make an everyday life feel full and dignified. The trust provides a location to store a well of funds that could provide ample support in those categories where a monthly income of under $1000 would likely fall short. 

Washington recognizes Special Needs Trusts as a legitimate planning tool, and the state's decanting statute at RCW 11.107.060 provides additional flexibility for families whose circumstances change over time. Under that provision, a trustee can transfer assets from an existing trust into a properly structured Special Needs Trust without going to court, even if the original trust was not set up with disability planning in mind. That kind of built-in adaptability is important, because families' situations evolve.

There are two primary types of Special Needs Trusts, and the distinction matters.

A third-party Special Needs Trust is funded with assets belonging to someone other than the beneficiary — typically a parent, grandparent, or other family member. Because the money in the trust never legally belonged to the person with a disability, Washington law does not require the trust to include a Medicaid payback provision. When the beneficiary passes away, whatever remains in the trust can go to other family members or causes the family chooses or trust language directs. This makes the third-party SNT the preferred planning vehicle for most families who are setting up protection in advance. Our firm typically advises this style of SNT.

A first-party or self-settled Special Needs Trust is funded with assets that do belong to the beneficiary directly — for example, a personal injury settlement or an inheritance received outright before a trust was in place. These trusts do require a Medicaid payback provision under federal law, meaning the state of Washington (or any state that paid out benefits) must be reimbursed for Medicaid expenditures before any remaining funds pass to heirs. They are still a valuable tool when the need arises, but they carry different long-term impacts to the estates in question.

Washington's DD Endowment Trust Fund: The State-Sponsored Option Most Families Miss

Washington state offers a planning option that most states simply do not have: the Developmental Disabilities Endowment Trust Fund, a state-sponsored pooled trust that subsidizes trustee fees for participants. In the pooled trust arrangement, a nonprofit organization manages a master trust while maintaining individual accounts for each beneficiary. This structure makes professional trust management accessible to families who may not have the assets to justify a standalone trust or who prefer the security of a professionally managed option from the start.

Washington's pooled trust rules are governed by WAC 182-516-0125. Families exploring this path must understand the administrative structure (fees, procedural impacts, etc) and Medicaid reimbursement requirements. An experienced estate planning attorney can help you weigh whether this approach fits your specific circumstances. 

ABLE Accounts in Washington: Who Qualifies, What They Cover, and How They Work with a Trust

Special Needs Trusts are not the only tool available that allow for those with autism, as well as other qualifying disabilities, to have access to the funds they need to live full lives. Washington's ABLE Savings Program offers another layer of financial protection for individuals with qualifying disabilities. An ABLE account functions similarly to a 529 education savings account but is designed specifically for disability-related expenses. Funds in an ABLE account are generally not counted toward the SSI resource limit (up to $100,000), and withdrawals used for qualified disability expenses are tax-free.

At the beginning of this year, on January 1, 2026, the ABLE Age Adjustment Act expanded eligibility to individuals whose qualifying disability began before age 46, up from the prior threshold of age 26. That change opens the door for many more Washington families to take advantage of this dynamic tool. In 2026, the standard annual contribution limit to an ABLE account is $20,000 (towards the $100,000 total cap), with an additional contribution allowance of up to $15,650 for beneficiaries who are employed. This means your employed loved one with an ABLE account would be able to annually receive $35,650 in additional financial assistance to fund their qualifying expenses. 

Washington's Senate Bill 5648 also proposed a $1,000 seed deposit into new ABLE accounts opened after July 1, 2025, a development worth monitoring for families in the planning stage. This bill has not yet passed, and required reintroduction to the Senate committee at the beginning of 2026.

ABLE accounts work particularly well alongside a Special Needs Trust. The trust can hold larger sums and cover a broader range of expenses over a lifetime, while an ABLE account can provide more direct, flexible spending access for day-to-day needs. Many families use both.

Guardianship vs. Conservatorship in Washington: Do You Actually Need One?

For families of individuals who may not be able to manage their own financial or personal decisions independently, estate planning for a loved one with autism often extends beyond trusts. Washington's Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act, codified at RCW 11.130, governs how families can seek legal authority to make decisions on behalf of an incapacitated individual, or an individual that has been deemed incapable of making certain decisions in their best interest.

Under this outline, a guardian handles personal and medical decisions, while a conservator manages financial affairs. Courts are encouraged to consider the least restrictive arrangement possible, which reflects a growing societal recognition that individuals with disabilities have rights and preferences that deserve to be honored even when some level of support or oversight is warranted.

It is worth noting that guardianship and conservatorship are not always necessary or appropriate. Supported decision-making agreements such as durable powers of attorney and healthcare directives can sometimes accomplish similar goals with less formal intervention. An attorney who focuses on this area of law, like those at Cornerstone Legal PLLC, can help your family think through which combination of tools best respects your loved one's autonomy while still providing the protection they need.

Take the First Step: Schedule a Special Needs Planning Consultation Today

If you are the parent or family member of someone with autism (or any qualifying disability), the most valuable thing you can do following this April is not wait. The legal tools exist to support them and Washington state specifically provides additional resources to back them up. The question is whether your current plan, or lack of one, reflects the future you actually want for your loved one.

At Cornerstone Legal PLLC, we approach these conversations with the same care and compassion you bring to your family. We understand that the legal language can feel overwhelming, but our role is to translate it into a plan that actually makes sense for your life. Whether you are building a trust from scratch, revisiting a plan that no longer fits, or simply trying to understand what options are available, we are here to walk through it with you.

Starting this Autism Awareness Month, consider reaching out to schedule a consultation. The initial conversation costs nothing, and the peace of mind it can provide is worth everything.