Special needs planning in West San Fernando Valley demands a distinctive approach beyond traditional estate planning.

Why Special Needs Planning in West San Fernando Valley Differs from Traditional Estate Planning and What Families Must Know

March 10, 2026

by Lisa Golshani Estate Planning Special Needs Planning

For residents in West San Fernando Valley facing the challenge of estate planning for a loved one with special needs, this process can be uniquely complex and requires careful consideration. Families often find themselves navigating a maze of options and requirements to ensure their loved one’s financial future and welfare are secured without jeopardizing essential benefits.

Why Does Special Needs Planning Require Different Considerations?

Special needs planning in West San Fernando Valley demands a distinctive approach as it encompasses both the protection of governmental benefits and the long-term care of the individual. Unlike traditional estate planning, which primarily prioritizes asset distribution, special needs planning must ensure that these distributions do not disqualify individuals from receiving benefits like Medi-Cal or Supplemental Security Income (SSI). Failing to plan adequately can lead to an unintentional loss of benefits, making the financial landscape even more complex.

What Happens When A Special Needs Trust is Used?

A special needs trust is often utilized in special needs planning in West San Fernando Valley to circumvent issues with asset distribution. This trust allows families the assurance that their loved ones will remain eligible for public benefits while still receiving support. For example, suppose a grandparent leaves a substantial inheritance directly to a disabled grandchild. In that case, it may disqualify them from state and federal support programs. However, if managed through a special needs trust, these funds are protected and can be used for supplementary care.

How Does Conservatorship Affect Planning Decisions?

In West San Fernando Valley, Conservatorship is another crucial aspect of special needs planning. Parents or family members may find themselves in the position of needing to plan for legal Conservatorship to make educational, financial, and healthcare decisions as the individual with special needs transitions into adulthood. Without a Conservatorship plan, families may face legal challenges and delays in securing essential decision-making rights, potentially impacting the individual’s quality of life.

What If No Plan is in Place?

When no special needs planning is in place, families could face significant hurdles. The individual with special needs might receive an inheritance or gifts that displace their eligibility for critical benefits. Additionally, there would be an absence of a structured decision-making framework through Conservatorships, leaving families unprepared to manage healthcare and financial needs effectively. For instance, a parent might find themselves unable to manage their child’s medical treatments simply because legal Conservatorship was not established beforehand.

Planning for special needs requires a strategic and compassionate approach, distinct from ordinary estate planning. By understanding these nuanced differences, families can act proactively to avoid potential pitfalls.

We can help you ensure your loved one’s future is secure with a comprehensive special needs plan. Contact us at (818) 334-2805 to schedule a consultation and discuss your specific situation. Mention this article when you call, and we’ll provide a personalized planning guide to help you begin this important process with confidence.

Why a Special Needs Trust is Crucial for Your Child’s Personal Injury Settlement: Insights from a North LA County Trust Lawyer

January 7, 2025

by Lisa Golshani Special Needs Planning

When a child with disabilities receives a personal injury settlement, parents often face a crucial decision: how to manage these funds without jeopardizing essential government benefits. As a North LA County trust lawyer, I’ve helped many families protect their children’s financial future through special needs trusts, particularly after receiving personal injury settlements.

The Hidden Risks of Direct Settlement Payments

Many parents don’t realize that receiving a personal injury settlement directly can actually harm their child’s long-term interests. When a settlement is paid directly to a child or placed in a standard guardianship account, it can immediately disqualify them from crucial benefits like SSI and Medi-Cal. Even worse, the funds might need to be spent down before benefits can resume, defeating the purpose of the settlement itself. Court-supervised accounts, while well-intentioned, often become inaccessible when families need them most.

Why a Special Needs Trust Makes Sense

A properly structured special needs trust offers a powerful solution to this dilemma. By holding your child’s settlement in trust, you can preserve their eligibility for essential government benefits while ensuring the funds are available to enhance their quality of life. These trusts provide professional management of funds and create long-term financial security, all while protecting the settlement from creditors.

The flexibility of a special needs trust is one of its greatest advantages. While government benefits typically cover basic needs, the trust can pay for a wide range of supplemental care and services that can dramatically improve your child’s life.

What the Trust Can Cover

Special needs trusts can enhance your child’s life in numerous ways by paying for:

Additional medical care and therapy
Personal care attendants
Educational opportunities
Specialized equipment
Transportation
Entertainment and recreation

Professional Management Matters

Working with an experienced North LA County trust lawyer isn’t just about creating legal documents – it’s about building a comprehensive plan for your child’s future. Your attorney will ensure the trust is properly structured to comply with all legal requirements while remaining flexible enough to adapt to your child’s changing needs over time. This professional oversight helps protect the trust from mismanagement and ensures it continues to serve its intended purpose for years to come.

Timing is Critical

The best time to establish a special needs trust is before the settlement is finalized. This proactive approach allows for direct payment of funds into the trust, ensuring continuous benefit eligibility and avoiding any need for spend-down requirements. By planning ahead, you can create seamless protection for your child’s financial future.

Beyond the Settlement

A special needs trust does more than just protect a settlement – it provides a framework for your child’s long-term care and support. Think of it as creating a safety net that can grow and adapt as your child’s needs change.

Getting Started

If your child with disabilities is expecting a personal injury settlement, don’t wait to explore your options. Contact our office at 818-334-2805 to meet with a North LA County trust lawyer who can evaluate your specific situation and help you create a comprehensive plan for your child’s future. We’ll work closely with your personal injury attorney to ensure the trust is properly structured and all legal requirements are met.

Expect the Unexpected: A Calabasas Special Needs Lawyer’s Guide to Contingency Planning

August 6, 2024

by Lisa Golshani Special Needs Planning

As parents of children or adults with special needs, we often find ourselves lost in thought about their future. We picture a world where they’re safe, happy, and well-cared for, even when we’re no longer around to guide them. But here’s a hard truth that many of us have faced: sometimes, despite our best efforts, Plan A just doesn’t pan out.

Picture this: You’ve spent years imagining your child in a specific adult group home. You’ve visited, you’ve planned, you’ve even started packing their favorite items in your mind. Then reality hits – the waiting list is so long it feels like you’re trying to book a ticket to Mars. Suddenly, that carefully crafted vision starts to crumble. It’s a gut-wrenching moment that can leave any parent feeling lost and overwhelmed.

But here’s the thing – as a Calabasas special needs lawyer, I’m here to tell you that this setback doesn’t have to derail your entire plan. In fact, it’s precisely why contingency planning is so crucial in the world of special needs care.

Embracing the Power of “What If”

The beauty of a well-crafted special needs plan lies in its flexibility. It’s not just a rigid set of instructions; it’s a living, breathing document that can adapt to life’s curveballs. Here’s how you can start building a robust contingency plan:

1. Prioritize Your Wishes: List your ideal scenarios, but don’t stop there. For each preference, ask yourself, “What if this isn’t possible?”

2. Research Alternatives: If that dream group home has a decades-long waitlist, what other options exist? Look into different living arrangements, from shared apartments to in-home care services.

3. Build a Support Network: Identify family members, friends, or professionals who could step in to help if your first-choice caregiver is unavailable.

4. Financial Flexibility: Ensure your financial planning accounts for different scenarios. You might need funds for in-home care instead of a residential facility, for instance.

5. Regular Reviews: Life changes, and so should your plan. Schedule annual reviews with your Calabasas special needs lawyer to keep your plan up-to-date.

The Art of Flexible Planning

Remember, a good contingency plan doesn’t mean giving up on your ideal scenario. It’s about creating a safety net that ensures your child’s needs are met, no matter what life throws your way.

For example, while you’re on that lengthy waitlist for the preferred group home, your plan might include:

Temporary living arrangements with a trained caregiver
Day programs that provide structure and socialization
A savings plan to cover potential private care costs

By thinking through these “what ifs,” you’re not admitting defeat. You’re simply ensuring that your child’s care never falls through the cracks.

Seeking Professional Guidance

Navigating the world of special needs planning can feel like trying to solve a Rubik’s cube blindfolded. That’s where a Calabasas special needs lawyer comes in. We can help you:

Identify potential roadblocks in your current plan
Develop comprehensive contingency strategies
Ensure your plan remains legally sound and effective

Remember, it’s not about having a perfect plan. It’s about having a plan that’s perfectly adaptable to your child’s changing needs and circumstances.

Ready to build a special needs plan that’s as adaptable as it is thorough? Contact us at 818-334-2805 to schedule a consultation with a Calabasas special needs lawyer. Mention this article, and we’ll be happy to discuss how we can help you create a plan that’s ready for anything life might bring.

Navigating the Do’s and Don’ts of Creating a Special Needs Plan for a Young Child or Adult With Disabilities | Calabasas Special Needs Lawyer

November 9, 2021

by Lisa Golshani Special Needs Planning

Planning for the future when you have a child with special needs can be complicated and daunting. The laws are often difficult to understand, and it is equally hard to anticipate the extent of your child’s future care needs. Whether you have an elementary school child whose days are filled with speech therapy appointments, occupational therapy, specialized schooling, and IEP’s or an adult child with disabilities who is completely reliant on you for daily support and care, you must begin planning ahead to ensure that your child will have a safe and secure future—even when you are gone someday.

In general, there is a handful of “Do’s and Don’ts” that parents (and grandparents) can use to navigate their options for creating a Special Needs Plan that is a good fit for their family. It’s also a wise idea to create this plan with the help of a qualified Calabasas Special Needs Attorney who will ensure that you do not overlook any of the following:

The Do’s Associated with Planning for Special Needs Families

Plan ahead for your kids and grandkids. Today is certain, but nobody knows about tomorrow.
Write out your will and establish a Special Needs Trust to safeguard your assets/properties for your child.
Select a guardian or a designated trustee for your child with special needs.
Petition the courts for a Guardianship for the right to remain in control of your child’s affairs when he or she becomes a legal adult.
Familiarize yourself with the various legal requirements that allow your child to be eligible for public assistance, such as Medicaid or SSI.
Craft a letter of intent outlining your child’s special needs which may entail education, medical, religious, welfare, and other future-related needs.
Discuss with your attorney how to fund the Special Needs Trust to ensure all future care needs will be met.
Above all, discuss with an experienced Special Needs Attorney the right steps to take in order to carry out your plan.

The Don’ts Associated with Planning for Special Needs Families

Leave a property or asset for your special needs child directly in your will. This is because doing so can automatically disqualify the child from government assistance.
Transfer the share of the special needs family member’s property or asset to another family relative to ‘hold.’ This may lead to the loss of the property or misuse.
Place accounts, assets, or property in joint ownership with your child who has special needs. In the future, it will be regarded as the child’s property.
Make the mistake of leaving your property or asset in the name of a custodian for your child in a Uniform Transform to Minor Acts. It is important to point out that such funds belong to the beneficiary automatically at age 21.
Make your child with special needs the sole beneficiary of any life insurance or retirement account.
Transfer money to a trust that is not created with your child’s special needs in mind.

If you would like to discuss with an experienced Calabasas Special Needs Lawyer how to create a plan that meets your child’s needs both now and in the future, please call Golshani Law at 818-334-2805 to schedule a consultation.

North LA County Special Needs Lawyers: 3 Important Steps for Special Needs Trusts

August 11, 2021

by Lisa Golshani Special Needs Planning

All parents who have a child with special needs want to make sure that those children are taken care of in every instance – most importantly, after the parents have passed away or can no longer provide personal care for the child. Creating a special needs trust is extremely crucial in keeping that continuity of care and making sure your loved one can receive all the benefits available to them from state and local agencies. Here are three important steps that North LA County special needs lawyers recommend for special needs trusts to ensure it will provide for your loved one with disabilities:

Step 1: Create the Trust

The most important goal of a special needs trust is to make assets and property available for the benefit of your special needs loved one without transferring ownership to them. Ownership of those assets will disqualify them from needs-based benefits and make it much harder to receive necessary care and enjoy a nice quality of life. The first step in making this happen is to contact a lawyer who has experience creating special needs trusts to make sure the trust is valid and covers all your loved one’s needs. The last thing you want to do is create a trust that you believe provides protection for your loved one only to have it invalidated after you pass away due to mistakes made during its creation. This may leave your loved one in a bad situation without any way to receive funds or necessary care.

Step 2: Fund the Trust

A special needs trust must be funded with assets or property once it is signed for it to come into effect. This can happen immediately, or the trust can be funded by a Last Will and Testament at the time of your death. North LA County special needs lawyers will review both options with you and help you choose which one works best for your situation. The assets and property held within the special needs trust are used to pay for items that are not typically covered by government benefits, which means that your loved one can enjoy a better quality of life through housing, education, and entertainment.

Step 3: Administer the Trust

The Trustee is the person who administers the special needs trust. The Trustee is tasked with making sure the terms of the trust are followed and your loved one receives everything they need from the trust. The Trustee typically will be a parent or whoever initially created the trust, however a Successor Trustee should be named to take over in case the original Trustee is incapacitated or passes away. Administering a special needs trust can be difficult since there are so many rules that need to be followed, so it’s advised to consult with an experienced special needs attorney in North LA County to determine how best to choose a Successor Trustee.

If you would like to get more information about setting up a special needs trust for your loved one, or if you’d like to have your current special needs trust reviewed to make sure it provides the right amount of protection for your loved one, please contact us at 818-334-2805 to set up a consultation.

Can I Appoint Someone to Serve as Co-Conservator Over My Adult Child with Disabilities? |Calabasas Special Needs Lawyer

July 8, 2021

by Lisa Golshani Estate Planning Special Needs Planning

Choosing to serve as someone’s adult conservator is a huge responsibility. An adult conservator for a person with special needs is generally tasked with overseeing that individual’s physical well-being, medical care, housing, day-to-day needs, and sometimes his or her finances.

In the majority of cases, it’s a biological parent (or parents) who will apply to become their child’s adult legal conservator when he or she turns 18. But even parents will ask us if they are able to appoint an “alternative conservator” or someone else who can help with all required responsibilities and duties. Most commonly, we are asked by parents of individuals with special needs if they can appoint one of their other adult children, a stepparent, a sibling, a grandparent, or other relative to serve as co-conservator who could have the same legal rights as the main conservator.

Legally speaking, having a co-conservator is absolutely possible, and it’s something we often encourage to help lighten the load. However, the parent or main conservator cannot appoint this person him or herself. Instead, the candidate will need to go through a formal legal process with the California courts where they will petition to serve as a co-conservator. During this process, the court will need to verify that the person is indeed capable of serving in this capacity, and from there, a judge will ultimately approve or deny the request.

When we meet with families to start the process of filing for a conservatorship over a young adult with special needs, we will typically ask up front if the main candidate to serve as conservator wants someone else to serve in a co-conservator role. In general, it’s easier and less expensive to take care of everything all at one time. The bottom line is that every family is different, and it’s important to work with an attorney who will help you create an individualized plan that actually works over the long haul.

Here at the Law Offices of Lisa S. Golshani, we want parents and caregivers to feel as secure and supported in their roles as possible, as that ultimately results in the best care for the person with special needs. If you have questions about how to create a Special Needs Plan that takes into account the unique dynamics or challenges in your family, please feel free to contact us at 818-334-2805 to schedule an appointment.