Absolutely, a special needs trust can, and often should, include provisions for items that enhance a beneficiary’s quality of life, including media subscriptions designed to improve cognitive function—provided it aligns with the trust’s overarching purpose and doesn’t jeopardize needs-based benefits like Supplemental Security Income (SSI) or Medi-Cal. Steve Bliss, an Estate Planning Attorney in Wildomar, consistently advises clients to think holistically about their loved ones’ well-being when establishing these trusts, recognizing that cognitive stimulation is a vital component of overall health. It’s not simply about covering basic needs; it’s about fostering engagement, learning, and a sense of purpose, and thoughtfully chosen media subscriptions can be a powerful tool in achieving these goals. A well-drafted trust will specify acceptable expenses and include provisions for ongoing review to ensure these resources remain beneficial and appropriate for the beneficiary’s evolving needs. Approximately 65 million Americans currently live with some form of cognitive impairment, underscoring the importance of proactive planning and supportive resources.
What are the SSI and Medi-Cal implications?
Navigating the rules surrounding government benefits is paramount when administering a special needs trust. SSI, a needs-based program, has strict income and resource limits, and Medi-Cal, California’s Medicaid program, has its own eligibility criteria. Generally, expenses that benefit the beneficiary *directly* and are considered medically necessary or contribute to their health and well-being are permissible without impacting eligibility. This can include subscriptions to educational apps, streaming services with cognitive training programs, or online courses designed to stimulate mental activity. However, discretionary spending on non-essential entertainment could be problematic. As Steve Bliss often explains, the key is documentation; careful record-keeping that demonstrates the connection between the subscription and the beneficiary’s functional needs is crucial. For example, a subscription to a language learning app for a beneficiary with aphasia could be justifiable, while a general streaming service subscription might not be.
How do you define “medically necessary” in this context?
The definition of “medically necessary” isn’t always straightforward. It typically requires input from a qualified professional, such as a physician, therapist, or case manager. They can provide a letter outlining the specific cognitive challenges the beneficiary faces and how the media subscription is designed to address those challenges. Consider a story: old Mr. Henderson, a client of Steve Bliss, loved classical music, but suffered from severe dementia. His daughter, the trustee of his special needs trust, wanted to continue his subscription to a classical music streaming service. Initially, it was questioned whether this qualified as a permissible expense. However, Mr. Henderson’s physician wrote a letter stating that listening to familiar music had a calming and restorative effect, improving his mood and cognitive function. This documentation secured approval for the expense. It’s a reminder that even seemingly non-traditional expenses can be justified with the right support.
What happens if a trustee makes a mistake?
Mistakes happen, and trustees can inadvertently jeopardize a beneficiary’s benefits if they aren’t careful. One instance Steve Bliss encountered involved a trustee who, with good intentions, purchased a gaming console and several video games for a beneficiary with autism, believing it would provide entertainment and social interaction. Unfortunately, this purchase was made without consulting with the beneficiary’s care team or documenting the potential therapeutic benefits. The Social Security Administration flagged the purchase as unallowed income, and the beneficiary temporarily lost a portion of their SSI benefits. It was a stressful situation, requiring significant documentation and legal advocacy to rectify. It highlighted the importance of proactive communication with professionals and a thorough understanding of the trust guidelines. According to the National Disability Rights Network, approximately 20% of special needs trusts encounter issues related to improper expense management.
How can a trust be structured to prevent these issues?
To avoid complications, a special needs trust should include a clear “spend-thrift” clause, protecting the beneficiary’s assets from creditors and ensuring funds are used solely for their benefit. It should also outline a detailed expense approval process, requiring documentation and, when necessary, professional consultation. Consider the story of Mrs. Alvarez, whose son, Miguel, had cerebral palsy. She worked with Steve Bliss to create a trust that specifically allocated funds for educational apps and online therapy sessions. She meticulously tracked all expenses and maintained detailed records. The trust agreement included a clause stating that any expense exceeding $100 required prior approval from Miguel’s occupational therapist. This proactive approach ensured that all expenditures were justifiable and compliant with SSI regulations. After five years, the trust was still fully functioning, and Miguel continued to thrive, benefiting from the resources allocated for his cognitive and physical well-being. This proactive approach, combined with the expert guidance of Steve Bliss, ensured a secure and enriching future for Miguel, demonstrating the power of careful planning and diligent administration.
<\strong>
About Steve Bliss at Wildomar Probate Law:
“Wildomar 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 Wildomar Probate Law. Our probate attorney will probate the estate. Attorney probate at Wildomar Probate Law. A formal probate is required to administer the estate. The probate court may offer an unsupervised probate get a probate attorney. Wildomar Probate law will petition to open probate for you. Don’t go through a costly probate call Wildomar Probate Attorney Today. Call for estate planning, wills and trusts, probate too. Wildomar Probate Law is a great estate lawyer. Probate Attorney to probate an estate. Wildomar Probate law probate lawyer
My skills are as follows:
● Probate Law: Efficiently navigate the court process.
● Estate Planning Law: Minimize taxes & distribute assets smoothly.
● Trust Law: Protect your legacy & loved ones with wills & trusts.
● Bankruptcy Law: Knowledgeable guidance helping clients regain financial stability.
● Compassionate & client-focused. We explain things clearly.
● Free consultation.
Services Offered:
estate planning
living trust
revocable living trust
family trust
wills
estate planning attorney near me
Map To Steve Bliss Law in Temecula:
https://maps.app.goo.gl/RdhPJGDcMru5uP7K7
>
Address:
Wildomar Probate Law36330 Hidden Springs Rd Suite E, Wildomar, CA 92595
(951)412-2800/address>
Feel free to ask Attorney Steve Bliss about: “How does estate planning differ for single people?” Or “Are retirement accounts subject to probate?” or “Will my bank accounts still work the same after putting them in a trust? and even: “What is the role of a credit counselor in bankruptcy?” or any other related questions that you may have about his estate planning, probate, and banckruptcy law practice.