Navigating Estate Planning for Neurodivergent Adults: California’s Approach

Neurodivergent conditions, such as autism spectrum disorder (ASD), ADHD, and others, affect the way individuals think, learn, and interact with the world. With an estimated 15–20% of the US population living with these conditions, the task of estate planning for these individuals becomes both complex and vital. In this context, California is leading the way, providing practical guidance to address the unique needs of neurodivergent clients.

Did you know that 1 in 54 children is affected by ASD, 5.9% of children live with ADHD, and 10% of the population deals with dyslexia? Additionally, many neurodivergent individuals face co-occurring challenges. For instance, 70% of autistic people have a mental health condition and 50% live with intellectual disabilities. Despite these challenges, up to 60% of neurodivergent individuals demonstrate exceptional strengths in areas like creativity, pattern recognition, and technical problem-solving. However, systemic barriers persist, with 85% of autistic adults being unemployed or underemployed.

With such statistics, the need for inclusive planning, support systems, and legal tools that recognize both the vulnerabilities and the unique capabilities of neurodivergent individuals is undeniable. Comprehensive estate plans for neurodivergent adults can be created using several legal tools.

A Supported Decision-Making Agreement is one such tool. It allows neurodivergent individuals to retain autonomy while receiving support from trusted advisors, without losing legal authority. The agreement should identify areas where support is needed (financial or healthcare decisions), select individuals who can be trusted to provide support, and define the scope and limitations of support.

A Special Needs Trust is another beneficial tool that provides financial support without jeopardizing eligibility for government benefits like SSI or Medicaid. It covers supplemental needs such as education, therapy, or recreation while ensuring asset protection for means-tested benefits and trustee oversight for responsible management.

Estate planning for neurodivergent adults requires a sensitive, inclusive approach that acknowledges their unique capabilities and vulnerabilities. It’s time to rethink our strategies and ensure they align with these needs.