Frequently Asked Questions

We focus on three areas that support families throughout Los Angeles County, Ventura County, and Southern California:

Special Education Law
We help parents understand their rights, prepare for IEP and 504 meetings, and advocate for appropriate services under the Individuals with Disabilities Education Act (IDEA).

Special Needs Planning
We create Special Needs Trusts, coordinate public benefits (SSI, Medi-Cal), and prepare planning documents such as Letters of Intent to support long-term care and financial stability.

Family Estate Planning
We draft wills, trusts, and decision-making documents that protect loved ones, preserve family harmony, and help families avoid unnecessary court involvement.

Together, these service areas provide a holistic approach to protecting your child, your benefits, and your legacy.

Most services are offered on a transparent flat-fee basis, so you know the cost before we begin. Certain complex matters may use hourly or hybrid billing, which will always be explained in advance.

Yes. We assist clients across California through secure video meetings and digital document delivery. It’s easy to receive personalized guidance from home.

You can schedule an appointment directly on our website or reach us anytime by phone or email.

No. We represent parents and families only.

504 Plan (Section 504 of the Rehabilitation Act)
Provides accommodations that allow a student to access general education, such as extra time, modified assignments, or assistive technology.

IEP (Individuals with Disabilities Education Act – IDEA)
Provides specialized instruction, services, goals, and supports for students needing individualized, structured education.

You may pursue:
– communication with the school or district,
– an IEP meeting,
– a compliance complaint,
– mediation, or
– a Due Process Hearing.

We assist with reviewing records, documenting issues, and advocating for the services your child is legally entitled to receive.

Due process is a formal legal procedure used to resolve disputes between families and school districts regarding evaluations, placements, services, or denials of FAPE (Free Appropriate Public Education).

At age 18, your child becomes a legal adult. This affects:
– educational decision-making,
– medical decisions,
– financial authority, and
– benefits eligibility.

We help families determine the right combination of:
– powers of attorney,
– health care directives,
– supported decision-making, and
– conservatorship (only when appropriate).

A special needs trust can be a vital tool for families seeking to ensure the well-being and financial security of a loved one with disabilities. By establishing and properly managing such a trust, beneficiaries may remain eligible for critical public benefits while receiving funds to cover essential care beyond government aid.

At Chaney Counsel, our experienced Los Angeles lawyers understand the unique legal and emotional considerations involved in establishing these trusts. We strive to develop customized strategies that meet each client’s specific circumstances and aims. Whether you have questions about setting up a trust or need guidance on long-term planning, we are prepared to provide compassionate support. If you are in Los Angeles and want to discuss your options, call 818-835-8144 today to arrange a Free Consultation. Let us help you protect your loved one’s future and secure a comprehensive, reliable plan that addresses their ongoing and evolving needs.

Special Needs Trusts (SNTs) in California are designed to secure the financial well-being of individuals with disabilities while preserving their eligibility for programs such as Medi-Cal (California’s Medicaid program) and Supplemental Security Income (SSI). Unlike a general needs trust, which can be used for a wide range of expenditures without stringent guidelines, an SNT adheres to specific state and federal requirements to ensure the trust assets are not treated as countable resources for means-tested benefits. California Probate Code and relevant federal regulations, including those in Title 42 of the United States Code, frame how these trusts must be structured and managed.

In many cases, beneficiaries of an SNT rely on Medi-Cal or SSI to cover their fundamental health care costs or basic living expenses. If a person with a disability inherits money or receives a settlement outright (or through a general trust), these resources can jeopardize benefit eligibility because the beneficiary will appear to have too much income or too many assets. An SNT addresses the issue by supplementing, not supplanting, public benefits. For example, if an SNT funds educational enrichment, specialized therapies, or recreational activities, these expenditures enhance the beneficiary’s quality of life without disqualifying them from receiving essential government benefits.

A general needs trust does not focus on means-tested eligibility. The trustee may distribute assets for various purposes, and the beneficiary can typically use the funds without worrying about income or resource caps. However, this flexibility can create issues when a beneficiary is on SSI or Medi-Cal, as distributions may be counted as income. For families with a beneficiary who relies on these vital programs, an SNT’s targeted structure is often essential to preserve critical medical coverage and income. If you have questions about which type of trust is appropriate for your situation, you may wish to consult a Los Angeles lawyer.

ABLE (Achieving a Better Life Experience) accounts are an additional planning resource for individuals with disabilities who had an onset of disability prior to age 26. These accounts permit certain deposits without triggering a loss of benefits, up to annual and lifetime limits.

– Complement to SNTs: An ABLE account does not replace a Special Needs Trust but can work in tandem. For example, if a trustee is concerned about disbursing small amounts for routine expenses, the ABLE account may be used to cover these costs (as long as they are “qualified disability expenses”), preserving the SNT funds for larger supplemental needs.

– Housing and Other Expenses: ABLE funds can be used for housing without the same degree of SSI reduction that often accompanies direct rent payments from a trust, although the timing of withdrawals becomes relevant.

– Estate Planning Synergy: Families who anticipate leaving modest gifts might find an ABLE account well-suited to pass along limited sums, while larger inheritances are better placed in a third-party SNT.

Coordinating an SNT with an ABLE account and other estate-planning tools (including wills, living trusts, and powers of attorney) can result in a more seamless long-term plan for the beneficiary. By developing a comprehensive strategy, families reduce the likelihood that any single change will disrupt Medi-Cal or SSI eligibility.

A lawyer in Los Angeles can help you integrate ABLE accounts and other instruments into a cohesive estate plan for your family member with special needs.

Estate planning is the process of putting legal documents in place to protect yourself, your loved ones, and your assets during your lifetime and after death. It helps ensure that your wishes are clearly understood and that important decisions are made by people you trust.

An estate plan can address matters such as:
– Who will receive your assets
– Who will make financial or medical decisions if you are unable to do so
– Who will care for minor children
– How to reduce confusion, delays, and unnecessary court involvement

You may need an estate plan regardless of the size of your estate. Estate planning is not only for wealthy individuals — it is about clarity, protection, and peace of mind for you and your family.

Without an estate plan, state law may determine who makes decisions and who receives assets, which may not reflect your wishes. Planning ahead allows you to maintain control, reduce stress for loved ones, and prepare for the unexpected.

No. Estate planning is not only for high-wealth individuals. Estate planning is important for individuals and families at many income and asset levels. While estate planning can address tax and wealth-transfer issues for high-net-worth individuals, it also serves critical purposes for everyday families.

Estate planning can help:
– Name guardians for minor children
– Designate decision-makers if you become incapacitated
– Clarify how assets should be handled
– Reduce confusion, delays, and stress for loved ones

Regardless of the size of an estate, planning ahead allows families to make informed choices and avoid leaving important decisions to default laws.

A standard estate plan may include:
– Revocable Living Trust and Will
– Durable Power of Attorney
– Advance Health Care Directive
– HIPAA authorization
– Guardianship nominations
– Special Needs Trusts (when applicable)

We offer three clear flat-fee estate planning options:

1. Simple Will Package
A straightforward, cost-effective estate plan that includes:
– Last Will and Testament
– Durable Power of Attorney
– Advance Health Care Directive

Best for: individuals and couples with simple estates and no need for probate avoidance or trust management.

2. Will with Testamentary Trust
Provides all the benefits of a Simple Will, plus a built-in trust for children or beneficiaries. Includes:
– Will with Testamentary Trust
– Powers of Attorney
– Health Care Directive

Best for: families with minor children or beneficiaries who need structured distributions (e.g., hold funds until age 25).

3. Revocable Living Trust Package
Our most comprehensive plan, designed to avoid probate. Includes:
– Revocable Living Trust
– Pour-Over Will
– Powers of Attorney
– Health Care Directive
– Certificate of Trust
– One real property deed

Best for: homeowners, blended families, families with minor children, or anyone who wants privacy, probate avoidance, and long-term planning.

Estate plans and trusts should be reviewed regularly and updated when your life, assets, or goals change. Even if nothing major seems different, periodic reviews help ensure documents still reflect your wishes and comply with current law.

A good rule of thumb:
Review every 3–5 years, even if there are no major changes
Update sooner if certain events occur

Common Reasons to Update an Estate Plan or Trust
– You may want to review or update your plan if you experience:
– Marriage, divorce, or remarriage
– Birth or adoption of a child or grandchild
– A change in guardians, trustees, or beneficiaries
– A significant change in assets (such as buying or selling property)
– Moving to a different state
– Changes in health or capacity
– Changes in tax laws or estate planning laws
– A child developing special needs or receiving public benefits

Why Regular Reviews Matter
An outdated estate plan can:

– Fail to reflect current family dynamics
– Cause unintended consequences
– Create confusion or conflict among loved ones
– Lead to unnecessary court involvement
– Regular reviews help ensure your plan continues to provide clarity, protection, and peace of mind.

Pets bring abundant joy to our lives, but ensuring they receive proper care when unforeseen circumstances arise is crucial. A pet trust is a specialized estate plan that helps allocate funds and enact directives for your cherished companion’s continued well-being. At Chaney Counsel, we understand the importance of planning for your pet’s future and assist you in designing a trust tailored to your unique needs.

Our experienced lawyers can guide you through the legal requirements, from designating a trustee to selecting detailed care instructions. By setting up a pet trust, you gain peace of mind knowing your furry friend will always have the support and resources necessary. Contact us today for a Free Consultation at 818-835-8144, and let us review your circumstances to determine the ideal approach for preserving your pet’s comfort and security. We are here to serve your needs.

Understanding Pet Trusts Under California Law 
Pet trusts in California provide an effective means to ensure pets continue receiving proper care if their owner becomes incapacitated or passes away. Governed largely by California Probate Code Section 15212, these trusts have enforceable structures that allow courts to intervene when necessary to protect a pet’s interests. Owners can fund a trust specifically for their pet, covering all essential needs such as food, veterinary care, grooming, and more. If the trustee fails to administer those funds appropriately, an interested party or designated enforcer can petition a court for relief, prompting legal oversight to correct any misuse.

Under this legal framework, pet trusts address key contingencies. First, they guide what happens after the owner’s death, clarifying who becomes responsible for the pet’s daily care and how expenses will be covered. Second, they outline steps to take if the owner becomes incapacitated and remains alive but cannot care for the pet. In that scenario, a named trustee immediately draws on trust resources to ensure the pet’s welfare. Modern statute-based pet trusts differ from older honorary models in that they are fully enforceable: a court can remove a negligent trustee, oversee trust accounts, or modify funding if the trust amount is deemed unreasonable. Such legal certainty is invaluable to an owner who wishes to preserve their pet’s well-being for the duration of the pet’s life.

An important aspect of pet trusts under California law is that they are not subject to the traditional rule against perpetuities. A pet trust typically remains valid until the pet—or if multiple pets are covered, the last surviving pet—has passed away. This legislative approach is designed to align with a pet’s natural lifespan rather than being constrained by older legal doctrines that might limit the duration of a trust. By explicitly carving out this exemption, California ensures that a pet trust endures as long as needed to safeguard the intended companion animals.

A trust is a legal arrangement in which a person (settlor) transfers assets to a trustee to hold and manage for one or more beneficiaries (see California Probate Code §§ 15200 et seq. for general trust provisions). California law generally requires that trust terms be set forth in writing. This written instrument typically identifies the settlor’s intent, the scope of the trustee’s authority, the trust’s purpose, and the intended beneficiaries. In practice, many individuals use a “Declaration of Trust” or “Trust Agreement” to clarify these details.

In California, particularly for real property, instruments transferring title into the trust must comply with the state’s requirements for written conveyances. Deeds transferring real property to a trustee should be properly executed, acknowledged, and recorded to ensure clear ownership in the name of the trust.

Equitable remedies, such as constructive or resulting trusts, may arise in cases where no valid written instrument was executed but where it would be unjust for someone to retain property (for instance, if property was obtained through fraud or mistake). A constructive trust is imposed by a court to prevent unjust enrichment, while a resulting trust may come into play when a trust fails to address all assets or cannot fully carry out its purpose. Courts generally prefer written trusts with definite terms, so relying solely on equitable remedies can lead to complicated litigation.

I. Capacity and Undue Influence
The settlor must have the legal capacity required to create a trust. Under California Probate Code § 6100.5, the capacity standard for a revocable living trust often parallels the capacity to make a will. This standard involves understanding the nature of the trust document, the assets involved, and one’s relation to intended beneficiaries. If a settlor does not meet this threshold at the time of the trust’s formation, the trust may be declared invalid or voidable.

Undue influence can also invalidate a trust. California Probate Code § 259 addresses scenarios in which someone manipulates or coerces an elderly or dependent adult into executing or changing estate documents. To prove undue influence, one generally needs to show that the settlor was particularly susceptible, that the influencer had the opportunity to exert control, and that the trust’s terms were substantially affected by this improper pressure. Warning signs include radical changes to estate plans, isolating the settlor from family, or the influencer receiving a disproportionately large interest.

II. Role of a Durable Power of Attorney (DPOA)
When a settlor is incapacitated before or during the formation of a trust, a valid Durable Power of Attorney for finances might allow an agent to create or fund a trust on the settlor’s behalf. However, California law is cautious in this area. The DPOA must explicitly grant the authority to create, revoke, or fund a trust. If these powers are not clearly addressed in the DPOA, an agent’s attempt to establish a new trust or move assets could be challenged. Furthermore, if the trust includes substantial changes to the settlor’s prior plan, courts may scrutinize the agent’s actions to ensure they align with the settlor’s previously stated wishes and do not conflict with fiduciary obligations.

III. Lawful Purpose
All California trusts must serve a lawful purpose. A trust cannot be used to shield assets unlawfully, defraud creditors, or further other illegal aims. If the trust’s primary intent is found to be illegal, it may be deemed unenforceable. Attempts to hide funds during ongoing litigation or to contravene public policy (for example, promoting illegal activities) can trigger legal challenges.

Once a valid trust instrument is signed and the trustee accepts the appointment, the trust becomes operational. From that point forward, the trustee must follow the trust’s written terms in managing and distributing the trust property. A trusts lawyer in California can assist with the formation and proper administration of trusts in accordance with state law.