Estate Planning for Neurodivergent Adults: A Focus on California’s New Approach

Did you know that up to 20% of the U.S. population lives with neurodivergent conditions such as autism spectrum disorder (ASD), ADHD, and dyslexia? With such a significant portion of our community impacted, proper estate planning becomes critical, especially because systemic barriers continue to exist. While these individuals often demonstrate exceptional strengths, around 85% of autistic adults are unemployed or underemployed. California is leading the way in providing practical advice and sensitive planning to address these unique needs.

Neurodivergent conditions can impact how individuals think, learn, and engage with the world. Despite these challenges, many neurodivergent adults may not be legally incapacitated but still require support in managing their finances, healthcare, and day-to-day activities. This calls for a nuanced approach to estate planning that recognizes both the vulnerabilities and capabilities of neurodivergent individuals.

The Golden State is taking note of this through the use of innovative legal tools. One such instrument is ‘Supported Decision-Making Agreements.’ These arrangements allow neurodivergent individuals to retain autonomy while receiving support from trusted advisors in making informed decisions. Key elements of these agreements include identifying areas where support is needed and defining the scope of support.

Another helpful resource is ‘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, and flexibility in covering non-essential but quality-of-life expenses.

As our understanding and awareness of neurodivergent conditions grow, so too should our approach to estate planning. California’s strides in this area underscore the importance of inclusive planning, support systems, and legal tools tailored to the unique needs of neurodivergent individuals.