Can a special needs trust fund subscriptions for accessible reading materials?

Absolutely, a special needs trust can, and often should, fund subscriptions for accessible reading materials, provided it aligns with the beneficiary’s overall care plan and the trust’s terms. These trusts, also known as Supplemental Needs Trusts, are specifically designed to improve the quality of life for individuals with disabilities without disqualifying them from essential government benefits like Supplemental Security Income (SSI) and Medicaid. Funding things like audiobooks, large-print books, or digital subscriptions with text-to-speech capabilities falls squarely within this purpose. In 2023, roughly 61 million adults in the United States live with a disability, and access to information and continued learning is crucial for their well-being and independence.

What are the rules around spending from a Special Needs Trust?

The key to utilizing a Special Needs Trust lies in understanding what constitutes an allowable expense. Generally, the trust can cover costs that enhance the beneficiary’s life *beyond* what government programs already provide. This includes things like education, recreation, personal care, and, importantly, access to information. Subscriptions for accessible reading materials meet this criteria, as they promote intellectual stimulation and personal growth. However, it’s vital to remember that the trust *cannot* directly pay for things that government benefits are intended to cover, such as basic food, housing, or medical treatment. Approximately 1 in 4 adults have some type of disability affecting major life activities, highlighting the widespread need for these supplemental resources. Careful planning and adherence to the trust document are essential.

Can these subscriptions affect government benefits like SSI and Medicaid?

Properly structured, funding accessible reading materials from a Special Needs Trust *should not* affect the beneficiary’s eligibility for SSI or Medicaid. This is because the funds are considered supplemental, meaning they don’t count as income or resources for the purposes of determining benefit eligibility. The trust must be irrevocably established and administered according to specific rules to maintain this protection. However, it is vital that the trustee maintains meticulous records of all expenditures, demonstrating that the funds are used for allowable supplemental needs. If the trustee mismanages funds or makes improper distributions, it *could* jeopardize the beneficiary’s benefits. According to the Social Security Administration, improper payments related to SSI and Medicaid totaled $25.7 billion in 2022, emphasizing the need for careful oversight.

I once knew a man named Arthur who didn’t plan ahead…

Arthur, a retired carpenter, had a son, Leo, born with cerebral palsy. Arthur loved reading to Leo, but as Leo grew older, his physical limitations made holding books increasingly difficult. Arthur, unfortunately, hadn’t established a Special Needs Trust. He started simply purchasing audiobooks directly for Leo, believing he was providing a valuable service. What Arthur didn’t realize was that those purchases, exceeding the allowable income limits for SSI, risked jeopardizing Leo’s crucial benefits. He found himself in a difficult situation, having to limit Leo’s access to these stimulating materials to avoid losing essential financial assistance. Arthur quickly realized the importance of seeking expert legal advice to protect Leo’s future.

But with a little planning, things turned out wonderfully for Maya…

Maya, a vibrant young woman with Down syndrome, loved to read, but struggled with traditional print. Her parents, anticipating her needs, established a Special Needs Trust with the help of Steve Bliss and his team at his Escondido practice. The trust specifically outlined provisions for funding accessible reading materials, including subscriptions to audiobook services and digital platforms with text-to-speech capabilities. As a result, Maya had unlimited access to a world of stories, expanding her knowledge, fostering her creativity, and enriching her life immeasurably. Her parents found peace of mind knowing that the funds were being used appropriately, without impacting her vital government benefits. It was a truly heartwarming outcome born from proactive planning and sound legal guidance, and allowed her to fully participate in the joys of reading.

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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.

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:

  1. living trust
  2. revocable living trust
  3. irrevocable trust
  4. family trust
  5. wills and trusts
  6. wills
  7. estate planning

Map To Steve Bliss Law in Temecula:


https://maps.app.goo.gl/oKQi5hQwZ26gkzpe9

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Address:

Escondido Probate Law

720 N Broadway #107, Escondido, CA 92025

(760)884-4044

Feel free to ask Attorney Steve Bliss about: “Are handwritten wills legally valid?” Or “How is probate different in each state?” or “What professionals should I consult when creating a trust? and even: “Will bankruptcy wipe out medical bills?” or any other related questions that you may have about his estate planning, probate, and banckruptcy law practice.