Family Law-Grounded Planning for Families with a Disabled Child or Dependent
When a child has a disability, the legal questions don’t wait until adulthood. They begin the moment a family starts thinking about the future: who can have authority to make decisions, how care can be funded without losing benefits, and what happens when parents are no longer around. At Olsen Law Office, we handle special needs planning with an understanding of both family law and estate planning, because both shape the outcome for your family.
Our founding attorney, Lindsey S. Olsen, is a Board Certified Family Law Specialist certified by the Louisiana Board of Legal Specialization. That credential reflects substantial experience in the legal relationships between family members, including the parent-child relationship that becomes legally complicated when a child with a disability turns 18. We’ve worked with St. Tammany Parish families on continuing tutorship cases and bring that practical experience to every special needs planning engagement.
Call Olsen Law Office at (985) 256-3553 to schedule a consultation. We offer same-day, evening, and weekend appointments on request.
What Happens When a Child with a Disability Turns 18
In Louisiana, parental authority ends automatically at age 18, regardless of whether the child can make independent decisions. For parents of a child with a severe mental disability, that moment can arrive without warning if the right legal steps haven’t been taken. Medical providers may refuse to share records. Benefit payments may become inaccessible. Health and financial decisions that parents have always managed can suddenly require a court order to carry out.
Continuing Tutorship in Louisiana
Louisiana law provides a specific mechanism for this situation: continuing tutorship. It allows parents to maintain legal authority over an adult child whose mental disability leaves them with less than two-thirds of the average mental ability of a person their age, as measured by standard testing. The petition must be filed after the child turns 15 and before the child turns 18. Missing that window doesn’t eliminate options, but it can make the path significantly more complicated.
When the Tutorship Window Has Closed
If the window has passed, interdiction, a separate legal process available through the 22nd Judicial District Court, which serves St. Tammany and Washington Parishes, may be the available remedy. Our tutorship page and interdiction page cover the full procedural detail for each process.
Special Needs Trusts: Protecting Benefits While Providing for Your Child
A well-intentioned inheritance can cost a person with a disability their SSI and Medicaid eligibility. Both programs limit countable assets, and a direct gift or bequest that pushes those assets over the threshold can trigger disqualification from benefits that can be difficult to recover. A properly structured special needs trust holds assets for the benefit of a disabled person without counting against program eligibility.
Louisiana law recognizes two forms:
Third-Party Special Needs Trust Funded by family members: parents, grandparents, or siblings. Because the assets never belonged to the beneficiary, no Medicaid payback is required at death. Trust funds can supplement quality of life, covering technology, transportation, therapies not paid by Medicaid, and personal needs, without replacing government benefits. Coordinating this trust with the estate plans of all family members who might leave assets to the beneficiary is part of a complete plan.
First-Party Special Needs Trust Used when the person with a disability has assets in their own name: from a personal injury settlement or a direct inheritance received before a trust was in place. These trusts require a Medicaid payback provision at the beneficiary’s death and must be established before the beneficiary’s 65th birthday.
ABLE Accounts for St. Tammany Parish Families
An ABLE account (Achieving a Better Life Experience) is a tax-advantaged savings account for individuals whose disability began before age 26. Louisiana residents can participate in any state’s ABLE program. Contributions grow tax-free when used for qualified disability expenses, including housing, transportation, education, employment support, assistive technology, and health care.
ABLE account balances up to $100,000 don’t affect SSI eligibility, and ABLE balances don’t affect Medicaid eligibility at all. These accounts work well alongside a special needs trust: the trust for long-term, larger-scale planning, and the ABLE account for more routine or beneficiary-managed expenses where direct access is practical.
Why St. Tammany Parish Families Work with Olsen Law Office
Special needs planning sits at the intersection of family law and estate planning. An attorney who understands only one side of that equation may miss something. Lindsey S. Olsen’s Board Certification in Family Law, combined with our estate planning practice, means your plan addresses both the legal relationship between you and your child and the financial structure that protects their future.
Lindsey grew up on the Northshore, graduated from Fontainebleau High School, and earned her J.D. from Loyola University New Orleans College of Law along with an LL.M. in Dispute Resolution from the University of Missouri School of Law. She is a member of the 22nd Judicial District Bar Association, and her early career included family law work through the Stuart H. Smith Law Clinic and Center for Social Justice at Loyola. Every case at our firm is handled by one of our attorneys personally, not passed to support staff.
Schedule a Special Needs Planning Consultation in Mandeville
The earlier a special needs plan is in place, the more options your family has. Whether you’re navigating the age-18 transition, working on a trust, or starting from scratch, we can walk you through what’s needed and how to get there.
We serve families throughout St. Tammany Parish and Mandeville. Contact Olsen Law Office at (985) 256-3553 or reach us through our online contact form to schedule your consultation. Same-day, evening, and weekend appointments are available on request.
Attorney at LawLindsey S. Olsen
Lindsey is a lifelong resident of the Northshore, having graduated from Fontainebleau High School. She then went on to receive a Bachelor of Arts from Louisiana State University, and her Juris Doctor from Loyola University New Orleans College of Law. During her time spent at Loyola University New Orleans College of Law, she was a student practitioner in the Family Law Section of the Stuart H. Smith Law Clinic and Center for Social Justice.
Lindsey has such a calm and empathetic demeanor. She offered so much emotional support for my family and I while remaining focused on our best interest at all times, she explains everything in detail, and is readily available to answer any of my questions. Lindsey is knowledgeable, trustworthy, and to the point. I am so grateful for her services.
Amanda
“Proved to be reliable, trustworthy and honest.”
When my father passed away. We reached out to Lindsey Olsen to do his succession. It was a very difficult time for my mother, brother, and I. She was incredibly patient and professional. All our questions were answered and the process was as smooth as possible. She proved to be reliable, trustworthy and honest. We will definitely use her services again.
Cheraine
“She is very organized and efficient and clearly explained the final steps of the process.”
Lindsey Olsen provided an excellent service and put her vast knowledge of family and estate planning on full display. She is a true professional and made all of the concerning legal matters regarding our wills and continuing tutorship for our special needs son a walk in the park. She is very organized and efficient and clearly explained the final steps of the process. We enjoyed working with Lindsey and certainly recommend her to other prospective clients.
