by Caroline Kernanec
3 August 2026
When a child reaches the age of 18 they become an adult in the eyes of the law. Parents or carers who have spent years making decisions about healthcare, education, finances, and daily living suddenly discover that they no longer have the legal authority to act on that child’s behalf.
This is why it is important to consider Lasting Powers of Attorney (LPA’s) for that child and a trust as part of a parent’s estate planning. Together, these can provide security, flexibility, and peace of mind for the future.
Every Autistic Adult Is Different
Autism is a spectrum and no two people are alike. Many autistic adults live independently, have successful careers, manage their own finances, and make their own legal decisions without assistance. Others may need varying levels of support with managing money, understanding complex legal matters, or making important healthcare decisions.
The purpose of discussing LPAs and trusts is not to remove independence. Rather, it is to ensure that support is available if it is wanted or needed, while respecting the person’s independence.
Why Consider Lasting Powers of Attorney?
A Lasting Power of Attorney is a legal document that allows an adult with mental capacity to appoint someone (up to four people) they trust to help make decisions if they later become unable to do so themselves or if they would like assistance.
There are two types:
- Property and Financial Affairs LPA, covering matters such as bank accounts, bills, investments, and property.
- Health and Welfare LPA, covering decisions about medical treatment, care, and living arrangements if the individual loses the capacity to make those decisions.
For many autistic adults, creating LPA’s can be a sensible precaution. It does not mean giving up independence. As long as the person has capacity, they remain in control of their own decisions. The appointed attorney simply has legal authority to help if required.
Without LPA’s, family members cannot automatically deal with financial institutions, healthcare providers, or government agencies on another adult’s behalf. If capacity is lost and no LPA exists, relatives may have to apply to the Court of Protection for a deputyship order—a process that can be lengthy, expensive and subject to ongoing court supervision.
Planning Ahead
Many families postpone conversations about legal planning because everything appears to be going well. However, accidents, illness, or unexpected changes can happen at any age and the parent or carer who was helping to deal with the autistic adult’s affairs may no longer be able to do so.
Creating an LPA while the individual has the necessary mental capacity is generally much simpler than trying to obtain legal authority after capacity has been lost.
For autistic adults who understand the nature and effect of the document, LPA’s provide a way of choosing who will help them, rather than leaving those decisions to the courts.
Why Parents Should Think Carefully About Leaving Money Directly
Many parents naturally assume they will simply leave their estate equally to their children. While this may be appropriate in some families, leaving a large inheritance outright may not always be the best solution for an autistic adult who finds managing finances difficult or who may be vulnerable to financial exploitation.
An outright inheritance could create challenges if the beneficiary:
- struggles with budgeting or long-term financial planning;
- is vulnerable to scams or undue influence;
- has difficulty understanding complex financial matters;
- requires ongoing support throughout their lifetime.
These concerns are not unique to autism, but they can be particularly relevant for some individuals.
The Benefits of Leaving Money in Trust
A trust allows parents to leave assets to trustees, who manage the money for the benefit of the autistic family member according to the terms of the trust.
This arrangement can offer several advantages.
Long-Term Financial Protection
Rather than receiving a large lump sum, the beneficiary can receive financial support as and when it is needed throughout their lifetime.
Protection Against Financial Abuse
Unfortunately, vulnerable adults can sometimes become targets for scams or manipulation. Trustees can help safeguard assets and ensure money is used for the beneficiary’s benefit.
Professional Financial Management
Trustees can oversee investments, tax matters, and expenditure, helping preserve the value of the inheritance over many years.
Flexibility
A well-drafted trust allows trustees to respond to changing circumstances. They can decide when and how funds should be distributed, taking account of the beneficiary’s needs throughout life.
Continuity of Care
Parents often worry about who will support their child when they are no longer around. A trust enables trusted family members or professional trustees to continue managing financial affairs in accordance with the parents’ wishes.
Benefits and Estate Planning
One important consideration is how an inheritance might affect eligibility for means-tested benefits or local authority support. Depending on the circumstances and the type of trust used, careful estate planning may help manage these issues, but the rules are complex.
Families should seek specialist legal and financial advice before making decisions, as every situation is different.
Starting the Conversation Early
Parents often avoid discussing future planning because it feels uncomfortable. However, involving autistic adult children in conversations about their future, where appropriate can be empowering.
Planning ahead allows everyone to understand the reasons behind the decisions, express their wishes, and reduce uncertainty for the future.
Peace Of Mind
For many parents, the greatest concern is not what happens during their lifetime but what will happen when they are no longer there to provide support.
A Lasting Power of Attorney and a carefully structured trust cannot remove every uncertainty, but they can create a framework that protects the autistic adult’s interests, preserves financial security, and ensures trusted people are able to help when needed.
Good planning is not about limiting independence. It is about respecting the individual’s wishes, protecting their wellbeing, and providing reassurance that they will continue to receive appropriate support throughout their life.
If you would like to talk to us further about any of these issues please contact our Private Client team on 0345 070 6000. We would be pleased to help.
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