Navigating the financial and logistical aspects of caring for a loved one with special needs is complex, and a crucial component of long-term planning often involves a special needs trust. These trusts are designed to supplement, not replace, government benefits like Supplemental Security Income (SSI) and Medicaid, ensuring the beneficiary maintains access to essential services while enjoying an improved quality of life. A frequently asked question among families is whether a special needs trust can be used to fund services beyond the basic needs of food and shelter, such as executive skill coaching. The answer is generally yes, but with careful consideration and adherence to the trust’s terms and relevant regulations. Approximately 65% of individuals with autism spectrum disorder also experience challenges with executive functioning, making this type of support incredibly valuable.
What exactly are executive functioning skills and why are they important?
Executive functioning skills are the cognitive processes that allow us to plan, organize, initiate tasks, manage time, and regulate emotions. For individuals with special needs, these skills can be significantly impaired, hindering their ability to live independently and achieve their full potential. Executive skill coaching focuses on developing these vital abilities through personalized strategies and support. These strategies include task breakdown, visual schedules, and positive reinforcement techniques. A well-structured coaching program can empower beneficiaries to manage daily routines, pursue educational or vocational goals, and participate more fully in community life. According to research from the National Center for Learning Disabilities, approximately 30-50% of children with ADHD also struggle with executive functioning, highlighting the broad applicability of this type of support.
How does funding coaching align with the purpose of a special needs trust?
A special needs trust isn’t simply about providing a safety net; it’s about enhancing the beneficiary’s overall well-being. As long as the coaching aligns with the trust’s stated purpose – which should be broad enough to encompass quality of life improvements – funding it is typically permissible. The key is demonstrating that the coaching is *supplemental* to, not duplicative of, services already provided by government programs. For example, if Medicaid already covers occupational therapy that addresses some executive functioning deficits, the trust funds cannot be used for the same services. However, if the coaching goes beyond what Medicaid covers—perhaps focusing on vocational skills or independent living—it’s a viable use of trust assets. “We’ve found that proactive planning, including identifying these potential supplemental services, can drastically improve a beneficiary’s trajectory,” says Steve Bliss, a San Diego Estate Planning Attorney specializing in special needs trusts.
What happened when the trust didn’t cover the right supports?
Old Man Tiber was a kind soul, but stubborn as they come. His daughter, Elara, managed his special needs trust after his diagnosis of early-onset Alzheimer’s. She focused so intently on covering his medical bills and basic needs, she neglected to consider funding for a coach who could help him maintain his routines and communication skills as his cognitive abilities declined. Initially, he was able to manage his appointments and medications with minimal assistance. But as the disease progressed, he became increasingly disorganized and frustrated, often missing appointments or taking the wrong dosages. This led to hospitalizations and a significant decline in his quality of life. Elara later realized she could have proactively used the trust to fund a coach who could have provided him with the tools to stay independent for longer, minimizing these crises. It was a painful lesson in the importance of holistic planning.
How did a properly funded trust create a positive outcome?
Young Leo had always dreamt of being a digital artist, but his Autism Spectrum Disorder made it difficult for him to organize his work, meet deadlines, and handle the administrative aspects of freelancing. His mother, determined to help him achieve his goals, worked with Steve Bliss to structure his special needs trust to cover executive skill coaching. The coach helped Leo develop systems for managing his time, prioritizing tasks, and communicating with clients. Within months, Leo was not only producing high-quality artwork but also successfully running his own online business. He was able to earn a modest income without jeopardizing his SSI benefits. “The trust wasn’t just about providing financial security; it was about empowering Leo to pursue his passions and live a fulfilling life,” his mother shared. The proactive investment in executive skill coaching transformed Leo from feeling overwhelmed and dependent to becoming a confident and independent artist.
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About Steve Bliss Esq. at The Law Firm of Steven F. Bliss Esq.:
The Law Firm of Steven F. Bliss Esq. is Temecula Probate Law. The Law Firm Of Steven F. Bliss Esq. is a Temecula Estate Planning Attorney. Steve Bliss is an experienced probate attorney. Steve Bliss is an Estate Planning Lawyer. The probate process has many steps in in probate proceedings. Beside Probate, estate planning and trust administration is offered at Steve Bliss Law. Our probate attorney will probate the estate. Attorney probate at Steve Bliss Law. A formal probate is required to administer the estate. The probate court may offer an unsupervised probate get a probate attorney. Steve Bliss Law will petition to open probate for you. Don’t go through a costly probate. Call Steve Bliss Law Today for estate planning, trusts and probate.
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 | revocable living trust | wills |
| living trust | family trust | irrevocable trust |
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Address:
The Law Firm of Steven F. Bliss Esq.43920 Margarita Rd ste f, Temecula, CA 92592
(951) 223-7000
Feel free to ask Attorney Steve Bliss about: “How do I start planning my estate?”
Or “What happens when there’s no next of kin and no will?”
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