Who Will Care? Succession Planning for Adult Disabled Children

Timeslot: Thursday, October 12, 2023 - 1:15 PM to 2:15 PM
Session Type: Concurrent Session


It’s not uncommon for families caring for loved ones with special needs to spend so much time ensuring that day-to-day needs are met that they don't consider how the support they provide will continue after they are gone. Planning for the future of an adult child with special needs can be complicated and stressful, and often delayed. Caregiver parents need as much information and advice as possible to protect their children and their own life savings. This is especially true as they near retirement age and begin facing their own mortality. This session will present options for parents and their disabled adult children, including a detailed discussion of capacity requirements for executing estate planning documents, Guardianship and Conservatorship, Supported Decision Making, and residential options. The second half of the session will dive into the importance of advanced succession planning and address one of the greatest fears of those who love and care for disabled individuals: the unknown factor of who will care for them and how, after the caregiver has passed. We will also discuss the options available for protecting the future inheritance of an adult disabled child, and how specialized trusts can be used to protect public benefits while enhancing the quality of life of the disabled child. Whether a disability has existed since birth or was the result of an accident or traumatic injury, many families face the challenge of this planning. There are so many options available for families, but most don't know where to start. This session will provide valuable information that case managers and disability management specialists should have in their toolkit.

Learning Outcomes

  • Explain the capacity requirements for executing estate planning documents and why this is not only possible but the least restrictive option for some adults with disabilities and/or special needs

  • Understand the processes of Guardianship and Conservatorship, as well as the option of Supported Decision Making, and when they are appropriate

  • Identify benefits available to disabled and special needs adults, and the options available to protect the individual, their benefits and their inheritance after the death of a caregiver parent