The question of whether a special needs trust can cover data subscriptions for GPS-based apps is a common one, particularly as technology becomes increasingly integral to the care and safety of individuals with disabilities. The short answer is generally yes, but it requires careful consideration and documentation within the trust agreement. Special needs trusts, also known as Supplemental Needs Trusts, are designed to improve the quality of life for beneficiaries with disabilities without disqualifying them from needs-based public benefits like Medicaid and Supplemental Security Income (SSI). These trusts are allowed to pay for goods and services that supplement, rather than replace, government assistance. A GPS-based app subscription, when deemed necessary for the beneficiary’s health, safety, and well-being, can fall into this category, but it’s vital to frame it correctly.
What expenses *can* a Special Needs Trust cover?
A Special Needs Trust can cover a remarkably broad range of expenses, but the key principle is “supplementation, not supplantation.” This means the trust funds cannot be used for things that Medicaid or SSI already cover, such as medical care or basic living expenses. Instead, the trust is meant to enhance the beneficiary’s life by providing things like therapy, recreation, education, and – crucially – safety measures. According to the National Disability Rights Network, approximately 61% of individuals with intellectual or developmental disabilities require some level of support with daily living activities, making tools like GPS tracking potentially vital. Allowable expenses often include assistive technology, specialized equipment, transportation costs, and even personal care items. The ability to fund a GPS data subscription aligns with this principle if it’s demonstrably linked to the beneficiary’s safety or ability to maintain independence.
Is a GPS subscription considered a “necessary” expense?
Determining whether a GPS subscription is a “necessary” expense is where careful documentation becomes critical. The trustee must be able to justify the expense as something that directly benefits the beneficiary’s health, safety, or well-being. For example, if the beneficiary has a tendency to wander, a GPS tracking app can provide peace of mind to caregivers and ensure a swift response if the beneficiary becomes lost. “We often see parents of children with autism or Alzheimer’s utilize these apps as a preventative measure,” shares Steve Bliss, a Wildomar estate planning attorney specializing in special needs trusts. “The ability to monitor location provides a layer of security that significantly reduces anxiety for both the beneficiary and their family.” A letter from a physician or therapist outlining the need for location tracking can be invaluable in demonstrating the medical necessity of the expense. Without proper documentation, it could be viewed as a discretionary item, potentially jeopardizing the beneficiary’s public benefits.
What happened when a trust *didn’t* cover a critical safety app?
Old Man Tiber, as the locals called him, was a man of habit. At 87, he wandered. Not in a lost way, more a nostalgic one. His daughter, Clara, had diligently established a special needs trust to care for him as his Alzheimer’s progressed. She included funds for in-home care and medical expenses, but overlooked the burgeoning technology for tracking wandering individuals. One crisp October afternoon, Old Man Tiber slipped out of the house during a momentary lapse in his caregiver’s attention. Hours ticked by, and panic swelled as the search widened. The local sheriff’s department, aided by volunteers, scoured the surrounding fields and woods. Clara, frantic and helpless, realized her oversight. The delay in locating her father, compounded by the fading daylight, led to a dangerous situation. Thankfully, a neighbor spotted Old Man Tiber, disoriented but unharmed, near the creek. It was a close call, and Clara immediately regretted not including funding for a GPS tracking app in the trust.
How proactive planning with a trust ensured peace of mind
Following the frightening incident with Old Man Tiber, Clara sought guidance from Steve Bliss, an estate planning attorney specializing in special needs trusts. She amended the trust to specifically include funds for a GPS tracking app subscription, along with language outlining its purpose – to ensure her father’s safety and well-being. She also included funds for a reliable smartphone and data plan to power the app. Months later, Old Man Tiber wandered again, but this time, the outcome was dramatically different. The GPS tracking app instantly alerted Clara to his location, allowing her to quickly guide him home before any harm could come to him. “It was a complete game-changer,” she recounted. “Knowing I could instantly locate my father provided immense peace of mind, and it allowed me to focus on providing him with the best possible care.” This experience underscored the importance of proactive planning and the power of a well-structured special needs trust to address the unique needs of individuals with disabilities and their families. With careful consideration and thoughtful documentation, a trust can truly enhance the quality of life for a beneficiary, ensuring their safety, independence, and well-being.
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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
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Map To Steve Bliss Law in Temecula:
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Feel free to ask Attorney Steve Bliss about: “What is Medicaid estate recovery and how can I protect against it?” Or “Can I get reimbursed for funeral expenses from the estate?” or “How does a trust distribute assets to beneficiaries? and even: “Will my wages be garnished during bankruptcy?” or any other related questions that you may have about his estate planning, probate, and banckruptcy law practice.