Estate Planning & Special Needs Trusts
Expert witness consultation in probate matters involving autism, including capacity evaluations, undue influence assessments, and special needs trust disputes.
Capacity, undue influence, and special needs trusts
Disputes involving individuals with autism and intellectual disabilities arise regularly in probate and estate matters — from testamentary capacity assessments to challenges over the appropriate use of special needs trust funds. I provide expert consultation on an individual’s capacity to make decisions, their vulnerability to undue influence, and what constitutes appropriate behavioral and therapeutic services that a trust should fund. My clinical background ensures these evaluations are grounded in behavioral science, not just general psychological frameworks.
Probate and estate matters I handle
- Capacity Consultation: Autism-informed input on testamentary capacity evaluations
- Undue Influence Claims: Vulnerability assessments for individuals with autism
- Special Needs Trust Disputes: Appropriate use of trust funds for autism services
- Guardianship Alternatives: Supported decision-making capacity
Frequently asked questions
What can a behavior analyst add to a testamentary capacity dispute?
An assessment of how the person actually understands and communicates, separate from how they present in a brief meeting. Autistic adults are often underestimated because of communication differences and sometimes overestimated because they are verbal. I provide an autism-informed picture of the person’s comprehension and decision-making that the evaluating physician or psychologist can use.
Can you assess vulnerability to undue influence?
Yes. Reliance on a particular person for daily support, difficulty recognizing manipulation, a strong drive to avoid conflict and limited independent access to information all raise vulnerability. I evaluate those factors against the person’s history and the circumstances of the transaction.
Do you review how special needs trust funds are being used?
Yes. I can give an opinion on whether services paid for by the trust are appropriate to the beneficiary’s needs, whether they are being delivered as described and whether spending reflects what the beneficiary actually requires.
Can you help with guardianship and supported decision-making questions?
Yes. I assess what decisions the person can make with support, what kind of support works for them and where a less restrictive alternative to full guardianship would serve them. Courts increasingly want that analysis before removing rights.
Do you testify in probate court?
Yes, in person or by video where permitted and I prepare reports written for the probate judge rather than for clinicians.
Need Expert Insight for an Autism-Related Case?
When legal decisions involve autism or developmental disabilities, expert behavioral analysis can make the difference. Get clear, evidence-based insights that help courts understand the needs of the child.