Planning for an Adult Disabled Child in California
When your child with special needs turns 18, your role as a legal decision-maker doesn't automatically continue. At Newman Law Group, we help Orange County families understand the legal transitions that come with adulthood and create compassionate, long-term plans to ensure their loved ones are supported—today and for years to come.
Legal Authority Ends at 18—But the Need for Care Doesn’t
When a child with special needs becomes a legal adult in California, parents can no longer make health or financial decisions on their behalf without formal court authority. This transition can be stressful, especially if your child is unable to understand or communicate their own needs.
We guide parents through the process of establishing a limited conservatorship—a court-approved way to continue supporting your adult child’s medical, educational, and financial decisions. Our goal is to ensure continuity of care while preserving as much independence as possible.
What to Include in a Plan for Lifelong Care
Establish Legal Authority Early
We help families secure a limited conservatorship for adult children with developmental or cognitive disabilities. This allows parents or guardians to remain legally involved in decisions around healthcare, housing, and finances.
Create a Special Needs Trust
A properly drafted SNT ensures your child can receive inheritances or life insurance proceeds without losing access to SSI or Medi-Cal. These trusts provide financial stability and supplement government benefits throughout your child’s life.
Write a Letter of Intent
While not a legal document, a letter of intent outlines your child’s routine, preferences, medical history, and care instructions. It becomes an invaluable guide to future caregivers or trustees.
Designate Future Caregivers & Trustees
Choosing the right people to support your child after you’re gone is a key part of special needs planning. We help you name successor conservators, trustees, and guardians who understand your family’s values.
Consider Life Care Planning Services
We collaborate with professionals to project future care needs and costs—ensuring your financial and legal plans are aligned with long-term realities.
Frequently Asked Questions
What happens when my special needs child turns 18 in California?
Parents lose automatic legal authority once a child turns 18. To continue making decisions, you may need to petition for a limited conservatorship through the court.
Do I need a special needs trust if my child receives SSI or Medi-Cal?
Yes. An SNT allows your child to receive assets like inheritance or settlement funds without losing benefits.
What is a letter of intent?
It’s a written document that explains your child’s daily routines, care preferences, and long-term needs. It’s not binding, but incredibly helpful for future guardians.
How can I choose the right future trustee or guardian?
We recommend considering your child’s needs, family dynamics, and whether a professional trustee or conservator may be more appropriate.
Compassionate, Customized Guidance
Help Your Child Thrive Now and in the Future
Planning for a child with disabilities doesn’t stop when they reach adulthood—it just changes. Newman Law Group is here to help you navigate legal transitions, establish protections, and create a comprehensive plan for care that reflects your family’s wishes.
