Special Needs Planning in California

Special needs planning is about more than legal documents.  It’s about peace of mind. At Nickerson Law, we help families create thoughtful plans that safeguard benefits, ensure quality care, and protect assets for their loved ones with disabilities.

What Is Special Needs Planning?

Special needs planning is a legal process that helps families provide for loved ones with disabilities without jeopardizing eligibility for vital public benefits like SSI or Medi-Cal. It often involves creating a Special Needs Trust to manage funds while preserving benefits, along with related tools such as limited conservatorships and tailored estate plans.

At Nickerson Law, we guide you through every step, ensuring your plan supports your loved one’s independence, care, and quality of life for years to come.

Nearly 1.4 million children in California, about 16% of kids under 18, have or are at higher risk for chronic health or developmental conditions that require extra services.

Caregiver supporting an adult with special needs in a wheelchair outside a residential facility in California, symbolizing compassionate planning for the future.

Who This Helps

Special Needs Planning supports families, caregivers, and individuals with disabilities by protecting benefits, securing care, and providing peace of mind for the future.

Parents of Special Needs Children

Ensure your child’s financial security and care without risking eligibility for government benefits.

Adults with Disabilities

Protect your assets, healthcare choices, and quality of life while preserving public benefits.

Caregivers & Guardians

Gain legal tools to make decisions and safeguard your loved one’s rights.

Blended Families with Special Needs Members

Ensure fair and clear asset distribution while meeting the unique needs of every family member.

Why Choose Nickerson Law

Personal Experience

Our founding attorney is the parent of two adult sons with special needs.

Comprehensive Planning

From trusts to conservatorships, we cover every aspect.

Compassionate Guidance

We understand the emotional and practical challenges families face.

What Clients are Saying

Real feedback from families we’ve helped across the Inland Empire.

5 star rated goggle reviews from customers

“Working with this law firm made it so easy and stress free with our son’s conservatorship and estate trust. Highly recommend Jeffrey’s team to get what you need done.”

- Jeff, Murrieta
5 star rated goggle reviews from customers

“We have been very pleased with the professionalism and knowledge that was demonstrated by Jeff Nickerson and his staff. We feel confident and prepared for the times ahead when we will need to rely upon the estate planning and special needs legal documents that Nickerson Law prepared for us.”

- Heather, Temecula
5 star rated goggle reviews from customers

“Mr. Nickerson and everyone in the office were very professional, considerate, and supportive, which was so helpful, especially after my husband died a few months ago. Having such an experienced law firm to go to will continue to help our family in the future.”

- Billie, Murrieta

Ready to Protect Your Family’s Future?

Get started today with a personalized estate plan that fits your family’s needs.

Virtual consultations available. Evening appointments on request.

Frequently Asked Questions

Clear Answers to Common Special Needs Planning Questions in California

A Special Needs Trust (SNT) is a legal tool—often irrevocable—that holds funds for a person with disabilities without disqualifying them from government programs like SSI or Medi‑Cal. If assets passed directly to the individual, they could exceed eligibility limits. A properly drafted SNT preserves benefits while enhancing their quality of life.

  • First‑Party SNT: Funded by the disabled individual’s own assets (e.g., inheritance or settlement); must be under age 65 and include Medicaid payback.

  • Third‑Party SNT: Funded by someone else (e.g., parents); avoids payback and is often established for long-term planning.

  • Pooled Trust: Managed by a nonprofit, where individual accounts benefit from shared administration; available at any age.

Ideally well before the individual turns 65. Early planning, whether the beneficiary is a baby or adult, ensures that any future assets (like gifts or inheritance) can be deposited into the trust immediately, without jeopardizing public benefits.

Yes, technically a beneficiary can establish their own SNT under § 1396p(d)(4)(A), but that typically disqualifies them from managing it. Most families, especially parents or guardians, establish trusts for the beneficiary to maintain control and oversight.

Permitted expenses include medical or dental care not covered by Medi‑Cal, assistive technology, education, transportation, therapies, personal care, and enriching experiences like hobbies or community programs. It must supplement, not replace, what public benefits provide.

Yes. While state benefits like Medi‑Cal or regional center services provide key support, planning legally gives you a way to enhance your loved one’s care without unintentionally disqualifying them. The Lanterman Act (California) ensures rights and services, but a well-designed SNT allows you to go further—providing quality-of-life enhancements and financial protection alongside those benefits.

Special Needs Planning Insights

Learn more with our latest articles and guides to help you make informed decisions for your family’s future.

The California Self-Determination Program (SDP) gives families of individuals with developmental disabilities more flexibility and control over the services they receive, including the ability to choose providers and customize a yearly budget. Nickerson Law can guide families through the enrollment process, help create a personalized plan, and coordinate services alongside a special needs trust.

Service animals, as defined under the Americans with Disabilities Act, are specially trained dogs that assist individuals with disabilities, and businesses, housing providers, and airlines are generally required to accommodate them under specific legal guidelines. Nickerson Law can help families understand their rights, navigate service animal regulations, and address challenges related to travel, housing, and public access in California.

Proper planning for a loved one with special needs is essential to protect their eligibility for public benefits while ensuring they have resources to maintain comfort, dignity, and quality of life. Creating and properly funding a customized special needs trust—rather than relying on siblings or disinheriting the beneficiary—provides long-term protection, flexibility, and peace of mind for families.

Secure Your Legacy — Start Planning Today

Whether you’re protecting your children, preparing for retirement, or making sure your wishes are honored, the right plan makes all the difference.

Serving California families for over 20 years