The situation
Meet the family
Maria and James are in their early 40s and live in Orange County with two children. Leo is 12 and has Down syndrome. His older sister, Ana, is 15. Their wills, written years ago, split everything equally between the kids. Grandma has also said she'll "leave something to Leo."
This family is hypothetical. Names and details are invented to show how the planning questions fit together.
The hidden risk
Good intentions, the wrong result
As an adult, Leo may qualify for Supplemental Security Income (SSI) and Medi-Cal. SSI looks at what a person owns. An individual generally can't have more than $2,000 in countable resources.1
If Leo inherited half of his parents' estate, or Grandma's gift, outright in his own name, he could lose eligibility until the money was spent down. A well-meaning will can undo years of careful benefit planning.
A deadline that sneaks up
When Leo turns 18
At 18, Leo becomes a legal adult, and his parents no longer have automatic authority over his medical, financial or legal decisions. Options range from supported decision-making and powers of attorney (if Leo can sign them) to a limited conservatorship, which California uses for adults with developmental disabilities.5
Families often start this conversation around 17, with Leo's regional center and an attorney.
Takeaways
What a family like this might do
- Update the wills or living trustLeo's share goes to a special needs trust rather than to him directly.
- Tell the relativesGrandma names the trust too, not Leo, in her will and beneficiary forms.
- Review beneficiary designationsRetirement accounts and life insurance often pass outside the will.
- Name trustees and guardiansWho manages the money, and who raises Leo if both parents die while he's a minor.
- Write the letter of intentAnd update it every year or two.
- Plan for 18Decide on decision-making support before his birthday.
Planning for a family member with a disability?
A conversation can help you organize the questions, the people and the paperwork, and know what to bring to a special needs planning attorney.
Book a time with Kevin
Hypothetical example. Kevin is not an attorney. Special needs trusts and conservatorships should be handled by a licensed California attorney.
Sources
- Social Security Administration, Understanding SSI: SSI Resources. Accessed November 10, 2026.
- Social Security Administration, Spotlight on Trusts. Accessed November 10, 2026.
- Social Security Administration, Spotlight on ABLE Accounts, 2026 edition. Accessed November 10, 2026.
- CalABLE, California State Treasurer, Understanding the ABLE Age Adjustment Act. Accessed November 10, 2026.
- Judicial Council of California, Self-Help Guide, Limited conservatorships. Accessed November 10, 2026.