Conservatorship of the Estate of Kane

Barbara Simon, the court-appointed conservator of Kevin Kane, appeals the probate court’s denial of a petition for a substituted judgment to establish a special needs trust under the authority of Probate Code section 2580. We reverse the probate court’s order denying the petition, and remand for further proceedings.

I. FACTS AND PROCEDURAL HISTORY

Kevin Kane (Kane) is a developmentally disabled adult who lived with his mother until her death in March 1999. Upon his mother’s death, Kane became entitled to an inheritance of approximately $65,000. Kane is unable to live safely and independently, or to manage his prospective inheritance. Accordingly, the court established a limited conservatorship of Kane’s estate and appointed Barbara Simon as conservator on December 8, 2003. Kane resides in a group living facility, which is suitable for his special needs, and attends a day program in another city nearby. Kane receives Supplemental Security Income (SSÍ) and Medi-Cal benefits, which pay for much of his care and medical treatment.

The estate planning previously undertaken for Kane’s mother did not, unfortunately, include any special provisions for Kane, such as the…