The question of whether a special needs trust can offer resources for supported decision-making models is increasingly relevant as we move toward more person-centered approaches to supporting individuals with disabilities. Traditionally, special needs trusts were designed to supplement, not replace, government benefits like Supplemental Security Income (SSI) and Medicaid, while providing for the enhanced quality of life needs of the beneficiary. However, the evolving legal landscape and a growing emphasis on self-determination are prompting a re-evaluation of how these trusts can empower beneficiaries to exercise agency over their own lives. A properly structured special needs trust can, and should, actively facilitate supported decision-making, going beyond simply managing finances and providing for material needs. Ted Cook, as an estate planning attorney in San Diego, frequently emphasizes this shift in approach with his clients, ensuring that trusts aren’t just about protection, but about empowerment.
What are the benefits of supported decision-making?
Supported decision-making allows individuals with disabilities to retain their legal rights while receiving assistance from trusted supporters in understanding information and making choices. This contrasts sharply with traditional guardianship, where a guardian makes all decisions on behalf of the individual, potentially stripping them of autonomy. According to the National Resource Center on Supported Decision-Making, studies show that individuals utilizing supported decision-making experience increased self-esteem, improved social inclusion, and a greater sense of control over their lives. A special needs trust can directly fund the supports necessary for this model, such as paying for a decision-making coach, covering the costs of communication tools, or even compensating family members who provide consistent support. Consider the case of Mrs. Eleanor Vance, a vibrant woman with Down syndrome, who always dreamed of running a small flower stand at the local farmer’s market. Without supported decision-making, her family worried about her ability to manage the finances and logistics.
How can a trust fund supported decision-making services?
A well-drafted special needs trust should include provisions specifically allocating funds for supported decision-making services. This can take many forms. For example, the trust can pay for a professional decision-making coach who helps the beneficiary understand complex information, explore options, and communicate their wishes. It can also fund assistive technology like communication boards or apps that facilitate self-expression and independent communication. “Approximately 65% of adults with disabilities report needing assistance with at least one aspect of daily living,” notes Ted Cook. “A special needs trust can proactively address these needs through tailored support systems.” Moreover, the trust can compensate family members or friends who consistently provide decision-making support, recognizing the time and effort involved. It’s not just about throwing money at the problem; it’s about creating a comprehensive support network that empowers the beneficiary to live a fulfilling life.
What happened when a trust *didn’t* fund supported decision-making?
I remember working with the Miller family, whose son, David, had cerebral palsy. They established a special needs trust, but it was narrowly focused on providing for his medical expenses and basic needs. David had a passion for painting, and wanted to sell his artwork online, but the family, while well-intentioned, took over all the financial aspects, believing he lacked the capacity to manage the transactions. Without funding for a decision-making coach or support in understanding online commerce, David felt frustrated and disempowered, and eventually lost interest in his art. His creative spark dimmed, and he became increasingly withdrawn. The family realized they’d inadvertently stripped him of an important outlet for self-expression and agency. It was a heartbreaking example of how good intentions, without a holistic approach to empowerment, can backfire. The family contacted Ted Cook and amended the trust.
How did things improve with a revised trust incorporating supported decision-making?
Following the Miller family’s consultation with Ted Cook, the trust was amended to include funding for a decision-making coach who specialized in supporting artists with disabilities. The coach helped David understand the process of setting up an online store, managing finances, and interacting with customers. He also assisted David in developing a budget and tracking his income. Over time, David flourished as an artist, gaining confidence and independence. He not only sold his artwork online but also participated in local art shows and workshops. His success wasn’t just about the money he earned; it was about the joy and fulfillment he derived from pursuing his passion. As Ted Cook often says, “A special needs trust isn’t just a financial tool; it’s a vehicle for realizing a beneficiary’s full potential.” The family and David learned that supporting someone’s agency, even with challenges, is far more valuable than simply managing their affairs.
Who Is Ted Cook at Point Loma Estate Planning Law, APC.:
Point Loma Estate Planning Law, APC.2305 Historic Decatur Rd Suite 100, San Diego CA. 92106
(619) 550-7437
Map To Point Loma Estate Planning Law, APC, a living trust lawyer: https://maps.app.goo.gl/JiHkjNg9VFGA44tf9
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