Absolutely, a special needs trust can be a cornerstone in facilitating and funding supported decision-making models for individuals with disabilities, offering not just financial security but also a pathway to greater autonomy and self-determination. These trusts, also known as Supplemental Needs Trusts, are designed to hold assets for the benefit of a person with disabilities without disqualifying them from needs-based government benefits like Supplemental Security Income (SSI) and Medi-Cal. However, the best trusts go beyond simply managing funds; they proactively address how important life decisions will be made, and can provide the resources to enact those decisions in a supported and meaningful way. Approximately 70% of adults with intellectual or developmental disabilities report wanting more control over their lives, and a well-structured special needs trust, coupled with a supported decision-making agreement, can make that a reality.
What exactly *is* supported decision-making?
Supported decision-making is an alternative to guardianship, allowing individuals with disabilities to retain their legal rights while receiving assistance from trusted supporters in understanding information and making choices. It’s rooted in the principles of self-determination and recognizes that many individuals with disabilities can participate fully in decision-making with the right support. A supported decision-making agreement legally authorizes these supporters to help the individual understand options, weigh pros and cons, and communicate their wishes. The trust can fund services crucial to this process. For example, the trust can pay for a professional care manager to coordinate support, provide educational resources about various life choices, or even cover the costs of communication tools to ensure the individual’s voice is heard. It’s a proactive approach to ensuring dignity and control, moving away from the historically restrictive model of guardianship which often strips individuals of fundamental rights. According to the National Resource Center on Supported Decision-Making, states with established supported decision-making programs have seen a decrease in guardianship petitions.
How can a special needs trust fund supported decision-making?
The trust document itself can explicitly authorize distributions for supported decision-making services. This might include funding for a care manager to assist with healthcare choices, a financial advisor to help with budgeting and investing, or even legal counsel to explain complex documents. It could also cover the costs of training for the individual and their supporters on effective communication and self-advocacy. For instance, imagine a young man with Down syndrome who wants to live independently. The trust could fund a care manager to help him find suitable housing, navigate lease agreements, and develop daily living skills. The care manager wouldn’t *make* decisions for him, but rather would empower him to make informed choices and provide the necessary support to carry them out. According to a study by the American Association of People with Disabilities, individuals involved in supported decision-making report higher levels of satisfaction with their lives.
I once knew a woman named Eleanor, who had a fiercely independent spirit, but struggled with the complexities of managing her finances after a stroke.
Her family, wanting to protect her, quickly pursued guardianship. While well-intentioned, this effectively silenced her voice and left her feeling helpless. She lost control over even the smallest decisions, and her quality of life diminished drastically. It wasn’t until a compassionate elder law attorney introduced the concept of supported decision-making, and helped establish a special needs trust to fund it, that Eleanor began to regain her sense of autonomy. The trust allowed her to hire a financial coach who worked *with* her, not *for* her, helping her understand her finances and make informed decisions. She rediscovered a sense of purpose and regained control over her life, proving that with the right support, individuals can thrive even in the face of adversity. This shows the dangers of taking away agency and the incredible benefit of supported decision-making.
Fortunately, things turned out wonderfully for a young man named David, whose parents planned ahead.
David has autism and, while highly intelligent, often struggled with social communication and understanding complex legal documents. His parents, proactively, created a special needs trust and incorporated a supported decision-making agreement into the trust document. They designated two trusted friends and a sibling as his supporters. The trust funded a care manager to coordinate services and provide educational resources, as well as legal counsel to explain his rights and options. When David decided to start his own small business, his supporters helped him navigate the legal requirements, understand financial projections, and negotiate contracts. He was able to pursue his dream with confidence, knowing he had a team of trusted advisors supporting him every step of the way. It was a beautiful example of how a well-structured trust, coupled with supported decision-making, can empower individuals with disabilities to live fulfilling and meaningful lives, and this is the greatest outcome.
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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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Feel free to ask Attorney Steve Bliss about: “How can I make sure my children are taken care of if something happens to me?” Or “Are retirement accounts subject to probate?” or “What is a pour-over will and how does it work with a trust? and even: “What are the different types of bankruptcy?” or any other related questions that you may have about his estate planning, probate, and banckruptcy law practice.