What happens when my client’s disabled child turns 18?
Special Needs Planning and Conservatorships for Professionals
Once a child with disabilities turns 18, they legally become an adult, which means they may qualify for needs based public benefits and are presumed to have the right to make their own decisions. For professionals working with these families, whether as case managers, financial advisors, educators, or fellow attorneys, understanding Special Needs Trusts, Conservatorships, and Supported Decision Making becomes essential to guiding clients toward the right planning approach.
Please join attorney Ellen Cookman for an informative presentation on these planning tools and how you can help the families you serve navigate them, including a deeper dive into the following issues:
- Which public benefits can a disabled child qualify for when they turn age 18, and how might those benefits change as the child grows older?
- What is the difference between a first party and third party special needs trust, and when is a standalone trust more appropriate than a testamentary one?
- How and when should assets be transferred into, or "funded," a special needs trust, and what types of assets can it hold?
- What should professionals know about the limited conservatorship process, including the powers a court can grant and the ongoing oversight involved?
- When should professionals recommend alternatives to conservatorship, such as Supported Decision Making, Durable Powers of Attorney, or Advance Health Care Directives?
About Our Presenter: Ellen Cookman
Ellen Cookman is the principal attorney of Cookman Law and a Certified Specialist in Estate Planning, Trust & Probate Law from the California State Bar Board of Legal Specialization. She received her J.D. from UC Berkeley School of Law and her LL.M. in Estate Planning, Trust and Probate from Golden Gate University. Ellen lives in East Palo Alto with her husband and their two boys (her older son has high-functioning autism), a Siberian husky mix named Rosie, and a kitty named Skittles. Our office is located in Palo Alto, California, but we’re fully remote and proudly serve clients all over the state. Be sure to check out our YouTube channel, Ellen Cookman – Special Needs Trust Attorney, where we offer in-depth insights on estate planning, special needs planning, and trust administration.
At Cookman Law, we’re passionate about helping families with loved ones who will need extra support after the parents are gone. We help parents design an estate plan and build a professional team that provides scaffolding for their loved ones to thrive, ensuring financial security and protection. We then continue supporting families through our Client Care Plan, keeping their estate plan up to date as their needs evolve. When the time comes, we assist with trust administration, ensuring assets are transferred smoothly and securely to the next generation.
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