Legacy Care
For families of individuals with developmental disabilities, one of the greatest concerns is ensuring that their loved ones will continue to receive the care, support, and advocacy they need when parents or guardians are no longer able to provide it. Many parents spend years building a strong support network, coordinating services, and managing legal and financial matters, but without a clear plan in place, these efforts can unravel, leaving the individual vulnerable.
Path to Possibilities Legacy Care exists to prevent this uncertainty. We serve as the bridge between the family’s vision for their loved one’s future and the systems that provide essential services. Our role ensures that their quality of life remains intact, even in times of transition. By taking a proactive approach, families can secure peace of mind knowing their loved one will always have an advocate ensuring their best interests are upheld.​
Path to Possibilities Legacy Care is a service designed to provide continuity of care, legal decision-making, and case management for individuals with developmental disabilities when their parents or guardians are no longer able to provide support. Our company does not provide direct housing or staffing but ensures that the client’s needs, as outlined by their parents, continue to be met through legal decision-making, financial oversight, and service coordination. Clients may be children or adults receiving services through the Regional Center system in California.
Scope of Services
Path to Possibilities Legacy Care is a specialized fiduciary and care management service designed to provide legal oversight, advocacy, and needs monitoring for individuals with developmental disabilities who receive services through California’s Self-Determination Program (SDP) or traditional Regional Center services.
Unlike providers that offer direct housing or staffing, we act solely as the legal decision-maker, ensuring that the individual’s financial, medical, and service needs are met according to the parents’ predetermined wishes.
Legal & Financial Responsibilities:​
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Legal Decision-Making (POA): Path to Possibilities Legacy Care will act as the legal decision-maker for the beneficiary if designated.
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Trust Management: If applicable, Path to Possibilities Legacy Care will assist in managing and disbursing funds from the Special Needs Trust for the beneficiary’s care needs.
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Crisis & Emergency Decision-Making: Path to Possibilities Legacy Care will provide legal decision-making authority in urgent situations, as outlined in the Power of Attorney document.
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Scope of Services:
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Legacy Planning Phase (Before Transition):
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Annual record review and updates.
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Emergency consultation services.
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Assisting in establishing a Special Needs Trust and setting Path to Possibilities Legacy Care as Successor Trustee.
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Assisting in setting up a Limited Conservatorship, if necessary, with Path to Possibilities Legacy Care as the Successor Conservator.
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Coordinating benefits and future funding strategies.
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Active decision-making and advocacy services if requested before the transition.
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Continuity of Care Activation (Ongoing Support & Management):
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Full legal decision-making authority through the Trust and/or Conservatorship.
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Coordination with the Regional Center.
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Medical and housing advocacy.
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Financial oversight and benefits management.​​
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Best Legal Structure:
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1. Special Needs Trust (SNT) with Path to Possibilities Legacy Care as Trustee or Successor Trustee
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Parents create an SNT for their child, naming Path to Possibilities Legacy Care as the successor trustee.
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This ensures that funds are managed and distributed appropriately while maintaining eligibility for Medi-Cal and SSI.
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The trust dictates how funds should be used for housing, services, and other needs.
2. Limited Conservatorship (If Necessary)
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If the child cannot make independent decisions, parents may set up a Limited Conservatorship before they pass.
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The court can appoint Path to Possibilities Legacy Care (or a designated person) as the successor conservatorwhen the parents pass.
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This allows for decision-making authority over healthcare, housing, and finances.
3. Legal Guardianship or Representative Payee Status
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If the client receives SSI, Path to Possibilities Legacy Care can apply to become the representative payee to manage benefits.
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If there is no conservatorship, a court-appointed legal guardian could also be an option.
Life After Loss: Ensuring Stability for Individuals with IDD When Caregivers Pass
The transition for adults with intellectual and developmental disabilities (IDD) after the loss of a primary caregiver, such as a parent or guardian, presents significant challenges. Research indicates that many individuals with IDD reside with family members; for instance, a study highlighted that approximately 75% of adults with intellectual disabilities live with their parents or other family members. The death of a caregiver can disrupt these living arrangements, leading to potential declines in lifestyle and health if alternative support systems are not established.
The grief experienced by individuals with IDD is often underrecognized. A study found that caregivers may underestimate the impact of grief on individuals with intellectual disabilities, leading to insufficient support during bereavement. This lack of acknowledgment can exacerbate emotional distress and hinder the grieving process.
Proactive planning is essential to ensure continuity of care and support for individuals with IDD after the loss of a caregiver. This includes establishing legal and financial plans, such as trusts and guardianships, and exploring various living arrangements like supported living or group homes. Engaging in open discussions about end-of-life care and future planning can help in preparing both the individual and their support network for transitions.
Organizations like Legacy Care play a crucial role in providing ongoing support to individuals with IDD during such transitions. By offering services that address both emotional and practical needs, these organizations help maintain stability and quality of life for individuals with IDD after the loss of their primary caregivers.
In summary, the loss of a parent or guardian can significantly impact adults with intellectual disabilities, affecting their living arrangements, emotional well-being, and overall health. Comprehensive planning and support services are vital to mitigate these challenges and ensure a smooth transition for these individuals.