Frequently Asked Questions

Guidance for Families Navigating Education, Planning, and the Future

At Chaney Counsel, we know that legal questions often arise during stressful or pivotal moments, when a school meeting is approaching, a child is turning eighteen, or a family is finally ready to put its affairs in order. Our goal is to provide clarity and peace of mind. While this FAQ offers helpful information, every family’s situation is unique, and we recommend scheduling a consultation to discuss your specific needs and next steps.

About the Firm

What areas of law does Chaney Counsel focus on?

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.

Do you offer flat-fee pricing or hourly billing?

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.

Can you work with clients virtually?

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

How do I schedule a consultation?

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

Special Education Law

Do you represent school districts?

No. We represent parents and families only.

What’s the difference between a 504 Plan and an IEP?

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.

What if my child’s school isn’t following their IEP or 504 Plan?

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.

What is due process in special education?

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).

What happens when my child with disabilities turns 18?

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).

Special Needs Planning

What is a Special Needs Trust, and why would my family need one?

A Special Needs Trust (SNT) allows parents or caregivers to leave money or property to a person with disabilities without jeopardizing eligibility for SSI, Medi-Cal, or other needs-based benefits.

Trust funds can be used for quality-of-life expenses such as transportation, therapy, recreation, and personal care.

We draft Third-Party SNTs and coordinate them with your overall estate plan.

When does a Special Needs Trust require court approval?

Only First-Party (Self-Settled) Special Needs Trusts require court approval. These are funded with the beneficiary’s own money (e.g., personal injury settlements, direct inheritance, back benefits).

Third-Party SNTs do not require court approval and do not include Medi-Cal payback.

What is an ABLE Account?

An ABLE Account is a tax-advantaged savings program for individuals with disabilities. It allows savings without affecting SSI or Medi-Cal.

Learn more at: https://calable.ca.gov/

Estate Planning

What is estate planning, and why do I need one?

Estate planning determines how your assets, care, and financial affairs will be handled during incapacity and after death. A complete plan reduces stress, avoids probate, and protects your loved ones.

Is estate planning only for high-wealth individuals?

No. Estate planning benefits everyone. Even modest estates include decisions about:
– medical care,
– financial authority,
– guardianship of minor children,
– real property,
– bank accounts,
– and family protection.

What is included in an estate plan?

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)

What are your estate planning packages?

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.

How often should I update my estate plan or trust?

Review your estate plan every 3–5 years or after major life changes such as:
– marriage or divorce,
– birth or adoption of a child,
– buying or selling property,
– a significant change in health or benefits, or
– changes in the law.

Visit Us

Encino Office
16130 Ventura Blvd #320

Encino, CA 91436

Phone: 818-835-8144
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Contact Us

Fill out the form or call us at 818-835-8144 to schedule your free consultation.