Absolute Trust Talk Kirsten Howe: Attorney and podcaster

So many of our clients here at Absolute Trust Counsel struggle with dementia. In fact, it’s currently estimated that there will be 14 million people with dementia in the United States by 2060. That means there will be just as many, if not more, taking on the role of caregiver as well.
Dementia patients and caretakers often suffer from isolation and loneliness, finding it difficult to enjoy life like they used to. Those with dementia gradually lose themselves, unable to participate in activities they love, and caretakers can struggle with the ongoing responsibilities. But this doesn’t have to be the case. Those living with dementia and their families can still find joy, meaning, and purpose thanks to a volunteer-driven social model of care known as Respite Ministry.
In this episode of Absolute Trust Talk, we’re speaking with Daphne Johnston, Co-Founder and Executive Director of the Respite for All Foundation. Daphne has always been passionate about helping families impacted by dementia and Alzheimer’s. For over 15 years, she worked as an executive director in senior living administration before stepping into the non-profit world of the faith community in 2012 when her senior pastor, Dr. Lawson Bryan, asked her to develop a volunteer model to support families living with dementia. With the incredible initial success of the program hosted at her local church in Montgomery, Alabama, she joined care partner Warren Barrow to officially establish the Respite for All Foundation and reach more communities all over the US.  
 Join us as we discuss:
How the Respite for All Foundation got started and quickly grew, as well as their plans and goals for the future How the organization is taking a new approach to respite support through a social model of care The positive impact that Respite for All has, not only on caretakers and participants, but also on volunteers and the community as a whole What you need to start a Respite for All program in your area
And more.
If you’ve been diagnosed with dementia, or are a caretaker, it’s easy to feel alone and overwhelmed, especially when it comes to getting affairs in order. We’re here to help you, and we know that this episode will provide the hope and inspiration you need or maybe encourage you to start a Respite Community in your neighborhood. So, let’s dive in!

The population of those with developmental disabilities is growing larger, and many in this group will need support of some kind for the rest of their lives. In most cases, this support comes from their parents, and every one of those parents worries about what will happen when they’re no longer able to provide that support.
A 20-year study by the National Council on Severe Autism that concluded in 2020 and followed 187 people with autism in South Carolina revealed that 99% of the test subjects were unable to live independently and 70% ended up living at home with relatives.
For Sweetwater Spectrum’s founder, Mark Jackson, this quandary presented an especially personal challenge — a challenge that drove him to find a way to create a fulfilling and supportive living environment for those with developmental disabilities. His own son, now 32, had been diagnosed with autism years ago and was soon to age out of his private school. In January 2013, Mark and his partners opened Sweetwater Spectrum. This three-acre farm site supports developmentally disabled individuals in downtown Sonoma to accommodate 16 full-time residents — soon to expand to 20.
In this episode of Absolute Trust Talk, Kirsten Howe speaks with Mark and Sweetwater Spectrum’s Executive Director, Olivia Vain. Olivia’s proven experience with directly managing programs focused on enriching the lives of those with autism was a great complement to Mark’s acquired logistical knowledge, and both offer interesting insight into creating a supportive community for those with developmental disabilities.
Together, we’re going to discuss:
How Sweetwater Spectrum addresses the individual needs of its residents. The ways in which Sweetwater Spectrum differs from other approaches to special needs housing and the benefits those differences provide for the families of its disabled residents. The specialized, real-world knowledge that both founder Mark Jackson and Executive Director Olivia Vain have acquired now affords them the ability to consult with other prospective specialized communities so that they don’t encounter the same pitfalls that they did.
And much more.
Unfortunately, parents are unlikely to outlive their children, which leaves a gaping void when even one parent dies. Coupled with the demands of caring for someone with autism full-time, support can often prove to be a lot for some families to handle. We hope this episode will give you insights to support the solution options available.

Actor and radio personality Casey Kasem occupied a singular place in American popular culture. As he counted down the hits for the week via his show, American Top 40, he was also doing something else that was decidedly more important — providing a sense of consistency that we could all rely on. World affairs might rattle us, and the financial markets volatility might worry us, but regardless of what else was transpiring in the world, we could always count on Casey to entertain us with his one-of-a-kind voice, and all would still seem more or less normal.
Unfortunately, the final chapter of Casey’s own life was anything but ordinary. In 2013, one of Casey’s daughters from his first marriage announced that he had been living with Parkinson’s for six years. However, the diagnosis was later changed to Lewy Body Dementia. Not long after, Casey’s three adult children assembled in front of his house to publicly complain that Jean Kasem — Casey’s wife of 30 years — was intentionally keeping them from their now-incapacitated father.
Things only got more vitriolic and combative, with circumstances pitting Jean Kasem and her reckless and duplicitous behavior against Casey’s three older children.
Join Kirsten Howe and associate attorney Madison Gunn as they examine the circumstances surrounding Casey Kasem’s much-publicized and most unusual passing. We’re not using the term “unusual” loosely here, as several aspects thoroughly separate this case from the estate planning disputes we often see. This conflict didn’t stem from haphazard estate planning, nor was money the source of discord for this blended family. This altercation was centered almost entirely on how Casey’s health care should be administered.
Kirsten and Madison will also look at some new California healthcare legislation — Sections 4711 and 4712 of the California Probate Code and analyze what, if any, difference it might have made had it been in effect while Casey’s unfortunate saga was playing out.
In this episode, we’re going to discuss:
How even a well-thought-out, comprehensive health care directive and a court-appointed conservatorship can be rendered ineffectual when an involved party chooses to blatantly disregard them. Why doctors are inclined to seek authority to treat their incapacitated patients and not pursue the whereabouts of advance health care directives unless those documents are brought to their attention? Why proper communication is the most overlooked aspect of estate planning. Why Casey’s decision to list his daughter Kerri, and not his wife Jean, as his agent on his health care directive might have reflected his concerns about how Jean might handle such authority. And much more.
Don’t miss this episode as we highlight some important legal wisdom that could have alleviated the conflict in this estate plan that you should be aware of for your own planning.

Education can open many doors in life, but if you’re the parent of a special needs child, it may seem like those doors are not only closed but padlocked, leaving you and you alone to chart the educational course for your special needs child.
Nearly a half-century ago, the Education for All Handicapped Children Act, which became the Individuals with Disabilities Education Act (IDEA), guarantees a free and appropriate public education for students with disabilities. Yet to this day, many parents and guardians of special needs children don’t know how to access the services at their disposal because of this Act, nor do they even realize they’re available.
In this episode of Absolute Trust Talk, our guest will clear up some confusion surrounding this critical and complex topic. Kirsten Howe will speak with education consultant Kristen Sabo of National Care Advisors, who advocates for special needs children and connects them with the services they need to fully access their education — services guaranteed to them under federal law. Kristen has spent years working with school administrators, board members, families, and special needs students themselves, so she knows better than anyone just how impactful an effective educational team can be on the life of a child with disabilities. Throughout this discussion, you’ll hear Kristen emphasize the importance of a collaborative, individualized approach to getting her clients the best possible educational outcome, as every special needs child has their own unique academic challenges.
Join us as we discuss:
The most common roadblocks that stand in the way of parents or guardians seeking the free and appropriate public education for their child that they’re entitled to by law. What factors impact a child’s Individualized Education Plan (IEP), how it is deemed appropriate for the student, and why it must change over time as the child matures? How Kristen’s role differs markedly from that of an attorney, and why her approach — which emphasizes collaboration and a positive long-term relationship among parents or guardians, the school district, and the special needs student — can foster proactivity that will serve the best interests of the special needs student. The variety of special needs services that might be needed and how those services can improve or hinder the effectiveness of an IEP depends on the student and their needs.   And more!
All children, including children with disabilities, are legally entitled to a free education in this country. Our goal in this episode is to help you walk away with a better understanding of the support programs available and how to access them as needed if your child or a child you know is struggling with their educational path.

In its 50+ years, the Special Olympics has served as a beacon of inclusion for aspiring athletes with disabilities. This now-worldwide institution started in 1968 in Chicago and was the brainchild of Eunice Kennedy Shriver — President John Kennedy’s sister. At that time, developmentally disabled children were often institutionalized and intentionally separated from their families. Eunice had seen how societal pressure ultimately affected how her sister, Rosemary, was treated because of her intellectual disability.
She was inspired to look for constructive and enriching programming options for those with disabilities and found very few of them, so she set about to create one of her own, using participation in sports as its overarching theme.
The program that Eunice envisioned has grown dramatically over the years, and there are now more than 5 million Special Olympic athletes worldwide, representing 200 countries. In addition, each state in the U.S. has its own chapter of the Special Olympics, with California being represented by two due to its size and population.
But, while most of us associate the organization primarily with these athletic events, in reality, the Special Olympics does much more to improve the lives of people with disabilities — far beyond the realm of sports participation. In the newest episode of Absolute Trust Talk, Kirsten Howe spoke with Tyler Krochmal, Senior Manager of PR and Communications for Special Olympics Northern California (SONC).
Tyler is a pivotal part of the Special Olympics’ media team — he’s heading to Berlin for the International Special Olympics in June — so he’s well versed on the organization’s overall mission. He even participated as a volunteer coach for a number of years. And because Tyler oversees the Special Olympics’ Athlete Leadership program, which allows athletes with disabilities to learn real-world skills that help them develop confidence and expand their opportunities in life, he’s seen firsthand the impact that this organization can have — even when there’s no sporting event involved.
In this episode, we’re going to discuss:
The impressive growth that the Special Olympics has seen since its inception and how that growth reflects today’s more enlightened and inclusionary approach toward people with disabilities. How participation in the Special Olympics is a watershed moment for athletes with disabilities. Many athletes’ interest is kindled by watching their chosen sport on television and signing up to participate. Unlike other aspects of their lives, disabled athletes don’t have to worry about the judgment of others. There are no particular ability levels required — only the desire to participate. The various ways Special Olympics is committed to supporting people with intellectual disabilities far beyond the athletic field to enhance their physical and emotional health. How the Special Olympics provides enriching participation opportunities for coaches and other volunteers as well as the athletes themselves. And more!

Don’t miss this very uplifting episode, as Kirsten and Tyler delve into some of the lesser-known ways that the Special Olympics enriches the lives of disabled adults.

You’ll find no shortage of captivating stories in the realm of estate planning. Tales of barely legible handwritten notes found in obscure places that detail a decedent’s wish to bequeath their fortune to someone they had only just met. Or accounts of family members becoming estranged and a child or other loved one is left out of the estate, which is then capped off with the ever-popular “no contest” clause threat.
Life is complex, and so are family dynamics. Some family relationships fray while others grow stronger, and it’s not surprising that these shifts are often memorialized in estate plans. But is it really possible to freeze a family member out of an estate and insert a “no contest” clause to safeguard from challenges? Does this provision truly hold up in the real world, or would a particular disinherited relative have any recourse if they find themselves in that position? And how does the clause change if an opportunist unduly influenced or preyed upon a decedent?
For the answers to these questions and more, tune into our latest episode of Absolute Trust Talk. Kirsten Howe will speak with trust and estate litigation attorney Jennifer Herlihy, founding partner of Walnut Creek-based Koller Herlihy, LLP. In addition to trust and estate litigation, Jennifer centers her practice on contested conservatorships, financial elder abuse actions, and related litigation, including civil claims and employment disputes with caregivers. Included in her impressive resume, Jennifer assisted more than 40 families in the highly publicized PG&E San Bruno explosion lawsuit and currently serves on the Tri-Valley Estate Planning Counsel and the Contra Costa County court-appointed attorney panel that represents conservatees in conservatorship proceedings.
In this episode, we’re going to discuss:
What a “no contest” clause really entails and how rock-solid it is under the threat of litigation. The primary conditions that make a “no contest” clause effective in shielding an estate from litigation. The most common ways litigants seek to circumvent the “no contest” provision. The critical steps that anyone planning to leave an asymmetrical inheritance should take to help minimize the chances of a contest in the future. How ever-evolving technology has changed the nature of forgeries for “go-to” tactics of elder abusers and other opportunists. And more.
You shouldn’t have to ask anyone’s permission to structure your estate as you see fit — even if you plan to leave a family member a disproportionately smaller amount of it. Our goal with this episode is to help you better understand the circumstances surrounding “no contest” litigation and ensure that your wishes in your estate plan are carried out as you intend them to be.