Absolutely, a special needs trust can, and often should, support navigation tools for travel training, enhancing the beneficiary’s independence and quality of life; however, it requires careful consideration of the trust’s terms and the specific needs of the beneficiary.
What are the limits on funding “quality of life” expenses?
Special needs trusts, also known as (SNTs), are designed to supplement, not replace, government benefits like Supplemental Security Income (SSI) and Medi-Cal. Therefore, direct payments for things like rent, food, or medical care are generally prohibited, as they could disqualify the beneficiary from these crucial programs. However, SNTs *can* fund expenses that enhance the beneficiary’s quality of life *without* impacting eligibility. This includes recreational activities, personal care items, and, importantly, services and tools that promote independence, such as travel training. According to the National Disability Rights Network, approximately 61 million adults in the United States live with a disability, and many could greatly benefit from increased independence through mobility training. The key is to ensure the trust document explicitly allows for these types of expenditures, and that the purchases align with the beneficiary’s overall care plan.
How can a trust cover the cost of travel training?
Travel training involves teaching individuals with disabilities how to safely and independently use public transportation. This can include learning bus routes, reading schedules, understanding street crossings, and managing fares. A special needs trust can cover the cost of a qualified travel trainer, the purchase of assistive technology like GPS devices or smartphone apps designed for navigation, and even the cost of transportation during the training period. For example, a trust could fund a series of sessions with a certified travel instructor, purchasing a subscription to a navigation app specifically designed for visually impaired individuals, or covering the cost of ride-sharing services during initial practice runs. Remember, the IRS stipulates that distributions from an SNT must be for the “exclusive benefit” of the beneficiary, and must be consistent with the trust’s purpose. A well-documented care plan, outlining the need for travel training and how it improves the beneficiary’s quality of life, is crucial.
What happened when my client didn’t plan ahead?
I recall a client, let’s call her Mrs. Davison, whose son, Mark, had Down syndrome. She had established a special needs trust but hadn’t specifically addressed funding for independent living skills, like travel training. After Mrs. Davison passed, Mark was living in a group home, but yearned for more independence. He expressed a desire to visit his sister, who lived across town. When Mark’s trustee attempted to fund travel training, the regional center questioned the expenditure. They argued it wasn’t a “necessary medical expense” and might jeopardize his SSI benefits. The trustee spent months navigating bureaucratic hurdles, providing documentation and justifying the expense. It was a stressful and frustrating process, ultimately delaying Mark’s opportunity to gain valuable independence, and it cost a significant amount of legal fees to resolve. This situation highlighted the importance of proactively addressing potential expenses within the trust document, and creating a detailed care plan with input from professionals.
How did pre-planning ensure success for another client?
Conversely, I worked with Mr. and Mrs. Chen, who were incredibly proactive in planning for their daughter, Lily, who has autism. They included a specific provision in Lily’s special needs trust allowing for funding of “independent living skills training, including but not limited to travel training, vocational training, and recreational activities.” They also developed a comprehensive care plan, in collaboration with Lily’s therapists and educators, outlining her goals for independence, and the role of travel training in achieving those goals. When Lily expressed a desire to volunteer at a local animal shelter, her trustee was able to seamlessly fund both the travel training needed to get her there, and the necessary supportive technology like a talking GPS device. Lily quickly mastered the bus route, gained confidence, and thrived in her volunteer role. The pre-planning not only ensured Lily’s independence, but also enriched her life and fostered a sense of purpose, demonstrating how a well-crafted special needs trust can be a powerful tool for empowerment. This is a beautiful example of the power of a well-planned trust – it allows for proactive support that truly transforms lives.
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About Steve Bliss at Escondido Probate Law:
Escondido Probate Law is an experienced probate attorney. The probate process has many steps in in probate proceedings. Beside Probate, estate planning and trust administration is offered at Escondido Probate Law. Our probate attorney will probate the estate. Attorney probate at Escondido Probate Law. A formal probate is required to administer the estate. The probate court may offer an unsupervised probate get a probate attorney. Escondido Probate law will petition to open probate for you. Don’t go through a costly probate call Escondido Probate Attorney Today. Call for estate planning, wills and trusts, probate too. Escondido Probate Law is a great estate lawyer. Affordable Legal Services.
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Map To Steve Bliss Law in Temecula:
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Escondido Probate Law720 N Broadway #107, Escondido, CA 92025
(760)884-4044
Feel free to ask Attorney Steve Bliss about: “What’s the best way to leave money to minor children?” Or “How can joint ownership help avoid probate?” or “How do I update my trust if my situation changes? and even: “What property is considered exempt in bankruptcy?” or any other related questions that you may have about his estate planning, probate, and banckruptcy law practice.