Special Needs Planning in California

Families of individuals with disabilities face unique challenges and opportunities when it comes to long-term planning. The goal of special needs planning is to ensure that your loved one has the resources, structure, and support they need without losing access to critical public benefits like SSI and Medi-Cal.


At Cookman Law, we specialize in guiding families through the often complex process of special needs planning. Whether you’re planning for a child with a physical or developmental disability, a sibling with a chronic condition, or a spouse facing progressive illness, we’re here to help you create a plan that offers protection, peace of mind, and a meaningful quality of life.

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A father hugging his daughter, who has Down syndrome.

What Is Special Needs Planning?

Special needs planning involves creating legal and financial strategies to:

  • Protect eligibility for public benefits
  • Provide supplemental support beyond government programs
  • Ensure your loved one is cared for during their lifetime
  • Communicate your wishes to future caregivers or trustees
  • Protect your loved one from financial predators
  • Provide your loved ones the most fulfilling and independent life possible

It often includes tools like Special Needs Trusts, Letters of Intent, Advance Directives, and coordinated estate planning for parents, guardians, and other family members.

Why Traditional Estate Planning Isn’t Enough

If a person with a disability receives an inheritance or financial gift outright, even from a loving parent or family member, it can jeopardize their eligibility for needs-based programs like:

  • Supplemental Security Income (SSI)
  • Medi-Cal
  • In-Home Supportive Services (IHSS)
  • Section 8 Housing

In addition, people with disabilities may need specialized care, housing, or other necessities throughout their lives. A proper special needs plan preserves benefits eligibility while still allowing the individual to enjoy financial resources for enhanced care, experiences, and independence.

Key Tools in Special Needs Planning

1. Special Needs Trusts (SNTs)

A Special Needs Trust allows assets to be held for the benefit of a person with disabilities without being counted against asset limits for SSI, Medi-Cal, and other benefits.
There are several types:

  • First-Party SNTs: Funded with the beneficiary’s own assets (often from an inheritance). Must include a Medi-Cal payback provision. *Please note that Cookman Law does not handle First Party SNTs from settlements, though we are happy to refer you to trusted professionals who do.
  • Third-Party SNTs: Funded by parents, grandparents, or others. Can hold gifts or inheritances and do not require payback to the state.
  • Pooled SNTs: Managed by nonprofit organizations. Useful for smaller estates or when a professional trustee is needed. *Our office does not handle Pooled Trusts, but we can refer you to organizations who do.

We help families choose and establish the right type of trust, draft custom provisions, and ensure it integrates with the rest of the estate plan.

2. Letter of Intent

A Letter of Intent is not a legal document, but it’s one of the most important pieces of the plan. It provides future caregivers, trustees, and loved ones with:

  • Daily routines, preferences, and communication styles3
  • Medical history and care needs
  • Hopes and goals for the future
  • Contact information for doctors, specialists, and providers

We provide templates and guidance so your Letter of Intent becomes a living document that truly reflects your loved one’s life and needs.

3. Coordinated Planning for the Whole Family

Special needs planning isn’t done in a vacuum. It often includes:

  • Updating your own estate plan to ensure assets are directed to a Special Needs Trust – not directly to your child or loved one
  • Reviewing beneficiary designations on retirement accounts and life insurance
  • Coordinating with siblings, future trustees, or care teams
  • Exploring CalABLE accounts for increased financial flexibility
  • Evaluating whether tools like conservatorship or supported decision-making are appropriate *Although Cookman Law does not currently handle limited conservatorships, we can refer you to trusted professionals who do if the necessity arises.

We help you build a plan that works now and continues to work after you’re gone.

  • cookman law guided us through the whole process.

    Sometimes it’s hard to know if you will need a special needs trust when your child is not done with their developmental journey. Ellen helped us set up an estate plan that was flexible, in case our son proved himself capable of navigating life on his own at any point. She also connected us with several fiduciaries, in case we wanted to appoint a successor trustee after we’ve both passed. She guided us through the whole process, so we could get through it without more overwhelm, which has been a frequent state of mine while raising a neurodiverse child.
    Wendy C.

  • We highly and enthusiastically recommend Cookman Law!

    We received excellent professional estate planning service from Ellen Cookman and her legal team. We were referred to Cookman Law because of the firm’s expertise in developing customized special needs trusts. From the beginning, Ellen listened carefully to our specific intentions and provided estate planning options that would fully address our family’s concerns. We feel more secure now because of the comprehensive trust plan and estate documentation we have in place for our family’s future. We highly and enthusiastically recommend Ellen Cookman and Cookman Law for meeting your family’s trust and estate planning needs.
    Kathy K.

Make Sure You Have the
Right Team In Place

At Cookman Law, we’re happy to work with the professionals you already have in place to ensure that your estate plan works the way you need it to.

And if you need recommendations for any professionals you might need to add to your team, we’re here to help! We are happy to refer you to the experts you need.

When Should You Start Planning?

It’s never too early to start – however, it can be too late*. Common times to begin or revisit a special needs plan include:

  • When a child receives a diagnosis
  • When your child turns 18 and becomes a legal adult
  • When you or a co-parent are updating your estate plan
  • When your loved one receives an inheritance or legal settlement
  • When you’re planning for retirement or considering long-term care

Special needs planning is not a one-time event – it’s a process that evolves as your family’s circumstances change.

*If mental capacity of the estate plan holder is in question, the process of estate planning becomes more complicated and may require court involvement.

We’re Here to Help,
Every Step of the Way

At Cookman Law, we’ve helped hundreds of California families protect their loved ones with disabilities through thoughtful, comprehensive special needs planning. We understand the law and we understand the emotional weight of these decisions.

We’ll guide you with clarity, experience, and compassion, whether you need to:

  • Set up a new Special Needs Trust
  • Rewrite an outdated or incorrect estate plan
  • Navigate benefits like Medi-Cal or SSI
  • Plan for the next generation of caregivers

Let’s make sure your loved one is supported, protected, and empowered for life. Schedule a consultation today.

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A young girl with Down syndrome hugging her doll.