Legal Considerations

Some young adults may need additional help managing the rights and responsibilities associated with becoming an adult. In certain situations, it might be appropriate to consider a conservatorship, power of attorney, or a special needs trust.

Power of Attorney

A durable power of attorney may be created to name a parent or other responsible adult as the agent for a disabled individual. Obtaining durable power of attorney should be discussed with an experienced lawyer to determine if it is an appropriate option.

Conservatorships

Limited conservatorships apply only to adults who are served by California’s regional centers. This protective legal arrangement is “limited” because adults with developmental disabilities retain decision making power in regard to their personal care and/or financial resources in keeping with their ability to do so, as determined by the court. A limited conservatorship is used to promote and protect the well-being of the individual and is designed to encourage the development of maximum self-reliance and independence.

Contact an attorney or Disability Rights California, at (805) 884-7218 for further information about conservatorships. Your local Family Resource Center may have information on alternatives to conservatorships.

Special Needs Trust

A special needs trust, sometimes called a “supplemental needs trust,” makes it possible to appoint a trustee to hold property for the benefit of a disabled person. A special needs trust provides for the needs of a disabled person without disqualifying him or her from benefits received from government programs such as Social Security and Medicaid. An attorney can assist in developing this type of trust.