Editor’s Note: June is Alzheimer’s and Brain Awareness Month. In support of the educational goals behind that designation, we bring you another post designed to shine a light on the damage these diseases can inflict on families and how to avoid it.
As awareness of neurodivergent conditions such as autism spectrum disorder (ASD), ADHD, and related conditions grows, estate planning for young adults who may not be legally incapacitated but still need support has become increasingly important. California attorneys can play a vital role in providing practical guidance and sensitive planning to address the unique needs of neurodivergent clients.
Understanding Neurodivergent Conditions
Neurodivergent conditions encompass a range of neurological differences that affect how individuals think, learn, and interact with the world. An estimated 15–20% of the U.S. population lives with conditions such as autism spectrum disorder (affecting roughly 1 in 54 children), ADHD (5.9% of children), and dyslexia (10% of the population).
Many neurodivergent individuals also experience co-occurring challenges: 70% of autistic people have a mental health condition and 50% live with intellectual disabilities. Despite these hurdles, up to 60% of neurodivergent individuals demonstrate exceptional strengths in areas like creativity, pattern recognition, and technical problem-solving. However, systemic barriers remain: 85% of autistic adults are unemployed or underemployed. Statistics where compiled by Gitnux.org from a variety of sources.
These statistics underscore the urgent need for inclusive planning, support systems, and legal tools that recognize both the vulnerabilities and the unique capabilities of neurodivergent individuals. While individuals with these conditions may not be legally incapacitated, they may still require support in managing their finances, healthcare, and daily living activities.
Legal Tools for Estate Planning
Several legal tools can be utilized to create comprehensive estate plans for neurodivergent adults. These include:
Supported Decision-Making Agreements
These legal arrangements allow neurodivergent individuals to retain autonomy while receiving support from trusted advisors. Support from family members or professionals help the individual make informed decisions without losing legal authority. Key elements include:
- Identifying areas where support is needed (e.g., financial or healthcare decisions).
- Selecting individuals who can be trusted to provide support.
- Defining the scope and limitations of support.
Special Needs Trusts
These trusts provide financial support without jeopardizing eligibility for government benefits like SSI or Medicaid. They can cover supplemental needs such as education, therapy, or recreation. Key features include:
- Asset protection for means-tested benefits.
- Trustee oversight to ensure responsible management.
- Flexibility in covering non-essential but quality-of-life expenses.
Hybrid Planning Models
Combining supported decision-making and special needs trusts, hybrid models offer a tailored approach. They:
- Provide financial support through a trust.
- Offer decision-making assistance without taking away autonomy.
- Address both financial and personal needs holistically.
Practical Tips for Attorneys
When working with neurodivergent clients, attorneys should:
- Educate clients and families about available tools and their benefits.
- Conduct comprehensive assessments to understand the client’s goals and challenges.
- Collaborate with professionals such as therapists and financial advisors.
- Prioritize autonomy by involving clients in every step of the planning process.
- Review and update plans regularly to reflect evolving needs.
Conclusion
Estate planning for neurodivergent adults requires a thoughtful, individualized approach. By leveraging supported decision-making agreements, special needs trusts, and hybrid models, California attorneys can help clients maintain dignity, autonomy, and long-term security.