ABLE Account (Achieving a Better Life Experience)
 
A tax-advantaged savings account for individuals with disabilities that allows them to save money without affecting eligibility for SSI or Medicaid (up to federal limits).
As of 2025, the annual contribution limit is $19,000 (subject to change each year).
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Advance Directive / Advance Health Care Directive
 
A legal document outlining your healthcare wishes and naming someone to make medical decisions if you’re unable to do so.
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Adult Child Disabled Before Age 22 (Childhood Disability Benefit/ CDB)
 
A Social Security classification allowing a disabled adult to receive SSDI based on a parent's work record, available if the disability began before age 22. This benefit was formerly known as Disabled Adult Child (DAC); the current term used by the Social Security Administration is Childhood Disability Benefit (CDB).
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Americans with Disabilities Act (ADA)
 
A federal law that prohibits discrimination against individuals with disabilities in all public life areas.
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Asset Test (Means Test)
 
A financial eligibility requirement for programs like SSI or Medicaid that limits the value of countable assets a person can own (e.g., $2,000 for individuals under SSI).
 
Autism Waiver
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In some states, a type of Medicaid waiver providing services for individuals with autism spectrum disorder. In California, the Regional Center system provides similar services under the Lanterman Act.
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Beneficiary
 
A person or organization designated to receive money or assets from a will, trust, insurance policy, retirement account, or other instrument utilizing beneficiary designations.
 
Caregiver Agreement (Personal Services Contract)
 
A written agreement where a caregiver is paid for services provided, often used in Medicaid planning to legally spend down assets.
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Community-Based Services
 
Support services provided in a non-institutional setting, such as in the home or community.
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Conservatorship
 
A court proceeding that appoints someone to manage the personal or financial affairs of an individual who is unable to do so. In California, a legal proceeding where the court appoints a responsible adult (the conservator) to care for another adult (the conservatee) who cannot manage their personal or financial affairs. This is used only for adults in California. There are several types:
 
·  General Conservatorship: For adults who cannot care for themselves or their finances due to aging, illness, or injury. Often used for elderly individuals.
 
·  Limited Conservatorship: A court-ordered conservatorship for adults with developmental disabilities who are Regional Center clients. This type of conservatorship grants only specific powers to the conservator (such as medical consent or educational decisions) while allowing the conservatee to retain as much independence as possible. Limited Conservatorships are only available for individuals deemed developmentally disabled under California law and accepted as clients by a Regional Center.
 
·  LPS Conservatorship: A mental health conservatorship for adults with serious mental illness (e.g., schizophrenia, bipolar disorder) who require involuntary psychiatric treatment. Must be initiated by a county agency under the Lanterman-Petris-Short (LPS) Act.
 
·  Temporary Conservatorship: A short-term court appointment (typically up to 30 days) used in emergency situations where immediate protection or authority is needed before a full hearing.
 
Corporate Trustee
A financial institution, such as a bank or trust company, that is appointed to act as trustee of a trust. Corporate Trustees offer professional, regulated trust management and are often chosen when a family prefers a neutral party with financial expertise. They charge annual fees based on a percentage of the trust assets and are particularly helpful in complex or high-asset estates.
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Decedent
 
A person who has passed away, especially in relation to wills, estates, and probate.
 
Developmental Disability
 
A long-term disability that begins before age 22 (under federal standards) and affects physical or cognitive functioning. In California, for Regional Center eligibility under the Lanterman Act, the developmental disability must have originated before the individual's 18th birthday and constitute a substantial disability.
 
Disability Determination
 
An official assessment of whether an individual qualifies as disabled under government standards.
 
Durable Power of Attorney (DPOA)
 
A legal document that allows someone to act on your behalf in financial/legal matters, even if you become incapacitated.
 
Dual Eligibility
 
When a person qualifies for both Medicare and Medicaid benefits.
 
Educational Advocate
 
A professional who supports families in navigating the special education system and advocating for appropriate services. This is not a legal advocate unless they are an attorney.
 
Estate
 
All the money, property, and other assets owned by a person at death.
 
Executor
 
The person named in a will to carry out the terms of the will and manage the estate’s distribution.
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Fiduciary Duty
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A legal obligation requiring one party to act in the best interest of another. In estate and trust law, trustees, executors, agents under a power of attorney, and conservators all owe fiduciary duties to the individuals they serve.
These duties include loyalty, honesty, good faith, and avoiding conflicts of interest. Violating fiduciary duty can result in legal liability.
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Funding a Trust
 
The process of transferring ownership of assets into a trust. This may include retitling real estate, updating beneficiary designations, or assigning ownership interests to ensure those assets are governed by the trust terms and avoid probate.
 
Glossary
 
A reference section of defined terms—like this one—to help clients understand legal and financial concepts.
 
Guardianship
 
A legal status where a court appoints someone to make personal, financial, or medical decisions for another who cannot make those decisions independently. In California, a court process in which an adult is appointed to care for the personal and/or financial needs of a minor (under age 18). Guardianship does not apply to adults in California; adult cases are handled through conservatorships.
 
Guardianship of the Estate vs. Guardianship of the Person
 
In California, a guardian of the person makes decisions about a minor’s care, education, and medical needs. A guardian of the estate manages the minor’s finances or property. One person can serve in both roles, or the court may appoint different individuals.
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HIPAA Authorization
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A legal document that allows designated individuals to access your private health information under the federal Health Insurance Portability and Accountability Act (HIPAA). This is often included as part of incapacity planning.
 
IEE (Independent Educational Evaluation)
 
An assessment conducted by an independent party when there is disagreement with a school’s special education evaluation.
 
IEP (Individualized Education Plan)
 
A customized education plan required by law for public school students with disabilities, outlining their learning goals and support services.
 
Incapacity Planning
 
The legal and financial steps taken to prepare for the possibility that you may become unable to make decisions for yourself due to illness, injury, or cognitive decline. Key documents include a durable power of attorney, advance health care directive, and HIPAA authorization.
 
Irrevocable Trust
 
A trust that cannot be changed or revoked after creation, often used for Medi-Cal eligibility, tax planning, or asset protection. Assets transferred into an irrevocable trust generally cannot be retrieved by the grantor.
 
Lanterman Act
 
The Lanterman Developmental Disabilities Services Act is a California law that guarantees individuals with developmental disabilities the right to receive services and supports to live as independently as possible in the community. Under the Lanterman Act, eligible individuals may become clients of a Regional Center, which coordinates access to services such as supported living, day programs, job training, respite care, and more. To qualify, a person must have a substantial developmental disability that began before age 18 and fits into one of several categories (e.g., intellectual disability, autism, cerebral palsy, epilepsy, or conditions similar to these).
 
Letter of Intent (for Special Needs)
 
A non-legal document that communicates a disabled individual’s preferences, routines, and care needs for future caregivers.
 
Living Trust (Revocable Living Trust)
 
A trust created during a person’s lifetime to manage assets and avoid probate; can be amended or revoked, and becomes irrevocable upon the trustmaker’s death.
 
Medicaid (Medi-Cal in CA)
 
A state and federally funded health program for people with low income or disabilities. Called Medi-Cal in CA.
 
Medicaid Waiver Program
 
Allows states to offer additional services not normally covered by Medicaid, such as in-home care or respite services.
 
Medicare
 
A federal health insurance program for people age 65+ and certain individuals with disabilities.
 
Nomination of Permanent Guardian
 
A legal document used by a parent to nominate a trusted person to serve as guardian of their minor child in the event of the parent’s death or permanent incapacity. This nomination is not automatically legally binding but strongly influences the court’s decision when appointing a guardian through probate court. Usually included in a California estate plan to ensure long-term care and stability for minor children.
 
Nomination of Temporary Guardian
 
A legal form used by a parent to nominate a trusted person to care for their minor child temporarily in the event of death or incapacity. While not a court order, this nomination can help guide a judge's decision and be used to delegate temporary caregiving authority through a notarized document. Often included as part of a California estate plan to ensure continuity of care for minor children.
 
Pooled Trust
 
A type of special needs trust managed by a nonprofit where multiple beneficiaries’ funds are pooled for investment, but each maintains a separate account.
 
Private Professional Fiduciary (CA)
A licensed individual in California who serves as a neutral third-party decision-maker, often in roles such as trustee, executor, or conservator. Private Professional Fiduciaries are frequently appointed as successor trustees when families prefer not to burden relatives or need a neutral party to manage trust administration. They are regulated by the California Professional Fiduciaries Bureau and must meet education, licensing, and continuing education requirements.
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Probate
 
The legal process of validating a will, paying debts, and distributing a decedent’s assets. In CA, this is typically a public, expensive, and time-consuming process that many seek to avoid through trust-based planning.
 
Public Benefits Eligibility
 
The qualifications a person must meet (usually income/resource limits) to receive government assistance like SSI or Medicaid.
 
Representative Payee
 
An individual or agency appointed to manage Social Security or SSI benefits on behalf of someone who cannot do so themselves.
 
Respite Care
 
Temporary relief provided to a primary caregiver of a person with special needs or chronic illness.
 
Self-Determination Program
 
A person-centered service delivery option available to eligible Regional Center clients under the Lanterman Act. The Self-Determination Program (SDP) allows individuals with developmental disabilities and their families to take control of their own service budgets and choose the supports that best meet their needs — rather than relying solely on vendor-provided services arranged by the Regional Center.
 
Key features include:

• An individualized budget based on the person's current service needs

• Flexibility to hire providers not traditionally available through the Regional Center

• Support from an Independent Facilitator and a Financial Management Service (FMS)

• The requirement of a Person-Centered Plan to guide service decisions

 
SDP is part of the services available through California’s Regional Center system and offers greater autonomy, especially for families seeking culturally tailored or nontraditional supports.
 
Special Needs Planning
 
Legal and financial and long-term care management strategies designed to protect a person with disabilities, maximize their quality of life, and preserve eligibility for public benefits.
 
Special Needs Trust (SNT)
 
A trust designed to hold assets for a person with disabilities without disqualifying them from government benefits.

• First-Party SNT: Funded with the individual’s own money (e.g., injury settlement or inheritance), used to preserve eligibility for Medi-Cal and SSI, and subject to Medicaid payback rules. The individual must be under age 65 at the time the trust is established and funded.

• Third-Party SNT: Funded by someone else, such as a parent or grandparent, and not subject to Medicaid payback rules.

• Pooled SNT: Managed by a nonprofit and combines assets from multiple beneficiaries.

 
Spend-Down
 
Reducing assets or income to qualify for benefits like Medicaid by paying off debt, prepaying burial expenses, or using caregiver contracts.
 
Successor Trustee
 
The person or institution appointed to take over management of a trust when the original trustee is no longer able or willing to serve. A successor trustee may be a trusted family member, a Private Professional Fiduciary, a Corporate Trustee (such as a bank or trust company), or another qualified individual. The successor trustee is responsible for managing trust assets, making distributions, and carrying out the instructions in the trust document.
Successor trustees have a fiduciary duty to act in the best interests of the beneficiaries and in accordance with the terms of the trust.
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Supported Decision-Making
 
In California, an informal or formal arrangement where a person with a disability retains decision-making authority while receiving support from trusted individuals. It is considered an alternative to conservatorship for adults with developmental or cognitive disabilities.
 
Supplemental Security Income (SSI)
 
A needs-based federal benefit for elderly, blind, or disabled individuals with limited income and assets.
 
Temporary Guardianship
 
A trust created through a will, effective upon the death of the individual who made the will.
 
Testamentary Trust
 
A trust created through a will, effective upon the death of the individual who made the will.
 
Trustmaker (also called Grantor, Settlor, or Trustor)
 
The person who creates and funds a trust. This person sets the rules for how the trust assets will be managed and distributed.
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Trust Protector
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A neutral third party named in a trust who has limited powers to ensure the trust is being administered according to the grantor's intent. Powers may include removing or replacing the trustee, resolving disputes, or modifying the trust to comply with changing laws.
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Trust Advocate
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An informal or formally designated individual (often a sibling or family friend) who does not manage the trust’s assets but helps monitor the trustee’s actions on behalf of the beneficiary. A Trust Advocate may report concerns to a Trust Protector or the court and can help preserve family harmony by acting as a communication bridge between a professional trustee and the beneficiary. This role is especially helpful when a family wishes to avoid conflict between siblings or prevent misuse of trustee authority.
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A person or entity responsible for managing a trust’s assets and carrying out its instructions.
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Trustee
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A person or entity responsible for managing a trust’s assets and carrying out its instructions.
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Will
 
A legal document that specifies how a person’s assets should be distributed after their death and may name guardians for minor children.