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Conservatorship for Special Needs Persons

A superior estate planning strategy that is frequently used in conjunction with a conservatorship of the estate of a disabled person is the creation of a Special Needs Trust. A Special Needs Trust can be created with the disabled person’s assets. This is known as a first party trust. A third-party trust is a Special Needs Trust created by the disabled person’s parents, grandparents, or other persons who wish to benefit him or her. The gift or inheritance left by that person is held in a protected trust.

Dennis M. SandovalSouthern California special needs estate planning attorney Dennis M. Sandoval is a proud member of the Special Needs Alliance, a national organization of estate planning attorneys who specialize in planning, drafting and administering Special Needs Trusts.

Dennis M. Sandoval is one of only nine estate planning attorneys who are members of the Special Needs Alliance and he is the only member in the Riverside County, and only one of nine members in all of California.

Dennis is also a charter member of the Academy of Special Needs Planners, a national organization working with professionals such as attorneys, financial planners, and trustees who specialize in working with families with children or grandchildren with special needs.

Dennis and the entire team at CDR are committed to helping individuals with developmental disabilities such as Autism, Down Syndrome, and Intellectual Disabilities. Our unique and specialized experience with the developmentally disabled has allowed us to work with clients throughout Southern California including San Diego, Riverside, San Bernardino, Orange, and Los Angeles counties.

Issues when facing conservatorships with special needs persons

Distributions from either a first party or third-party Special Needs Trust can be made when necessities are not provided through government assistance. With a Special Needs Trust, the beneficiary has the best of all worlds. The special needs person maintains his or her eligibility for government assistance programs while also benefitting from a pool of funds available to provide for necessities and niceties not available through any of those government assistance programs.

Conservatorships for Special Needs Persons | Conservatorships Done Right

How to obtain conservatorship in California

To become a conservator (or to have a conservator appointed), you need to petition the court and show why the conservatee can’t take care of themselves. Generally, the courts want to allow individuals to make their own decisions, so it is important to be able to demonstrate why this is not possible. Usually, the court encourages limited conservatorships because they allow conservatees to maintain as much independence as possible. Typically, one must wait 60 days for a hearing. If there is an urgent need, a temporary conservator can be appointed, and a permanent conservator will be selected once the full case has been heard.

Court appearances and paperwork required to get things in order can be overwhelming. No matter how daunting this process seems, don’t let it deter you from taking action in a dangerous or life-threatening situation. Contact us for your free phone consultation so that we can assist you with the process and help determine the approach that works best for you and your loved one.

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National Academy of Elder Law Attorneys, Inc. | Dennis M. Sandoval
National Academy of Elder Law Attorneys, Inc. | Dennis M. Sandoval
National Academy of Elder Law Attorneys, Inc. | Dennis M. Sandoval
National Academy of Elder Law Attorneys, Inc. | Dennis M. Sandoval
National Academy of Elder Law Attorneys, Inc. | Dennis M. Sandoval
Dennis M. Sandoval
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