Can a special needs trust cover the cost of online certification programs?

The question of whether a special needs trust (SNT) can cover the cost of online certification programs is a common one, and the answer, as with many legal matters, is “it depends.” Generally, SNTs are designed to supplement, not supplant, government benefits like Supplemental Security Income (SSI) and Medi-Cal. This means the trust can pay for items and services that enhance the beneficiary’s quality of life without disqualifying them from those essential programs. However, strict adherence to the terms of the trust and relevant regulations is crucial. Online certification programs fall into a gray area, requiring careful consideration of how the program benefits the beneficiary and aligns with the trust’s purpose. It’s estimated that over 61 million Americans live with a disability, and proper trust management is key to ensuring their long-term security and opportunities.

What expenses *can* a special needs trust typically cover?

Traditionally, SNTs are used to cover expenses like medical care not covered by insurance, therapies, recreational activities, and even everyday living expenses like clothing and personal care items. The key is that these expenses should *supplement* what government benefits already provide. For example, a trust can pay for specialized art or music therapy, adaptive equipment, or travel expenses related to medical care. It can also cover the cost of companions or personal assistants to help with daily tasks. “We often find that families underestimate the ongoing costs of care,” says Steve Bliss, an Estate Planning Attorney in Wildomar, “and a well-funded SNT can provide a crucial safety net.” Many beneficiaries need assistance with everything from grocery shopping to transportation, and a trust can help cover those needs without jeopardizing their eligibility for crucial government programs.

Could an online certification program be considered a “medical” or “therapeutic” expense?

This is where it gets tricky. While an online certification program isn’t directly a medical expense like physical therapy, it *could* be argued that it’s a therapeutic or rehabilitative activity, particularly if the program is designed to enhance skills and abilities related to the beneficiary’s disability. For instance, a graphic design course for someone with autism who exhibits artistic talent, or a coding bootcamp for someone with cerebral palsy seeking employment opportunities, could potentially qualify. However, the IRS and the Social Security Administration (SSA) look closely at how the expense benefits the beneficiary and whether it’s considered “necessary” for their health and well-being. According to the SSA, the expense must be “of substantial benefit to the beneficiary.” “It’s not enough to simply say it’s a good thing to do; you have to demonstrate a clear connection to the beneficiary’s needs,” Bliss explains. To bolster your case, it’s vital to obtain documentation from healthcare professionals supporting the therapeutic value of the program.

What happened when a family tried to cover a culinary course?

I recall a family who attempted to use an SNT to pay for a professional culinary course for their adult son with Down syndrome. He loved cooking and showed genuine talent, but the SSA initially denied the expense, arguing it wasn’t a necessary medical or therapeutic expense. The family was devastated; they believed the course would boost his self-esteem and potentially open doors to employment. They had spent months researching the program and were confident it would enhance his quality of life, but the SSA’s decision felt like a setback. They initially applied without a supporting letter from his physician and therapist. The SSA viewed it as a recreational activity, not a vital component of his care. They were initially told that 87% of applications for non-traditional expenses get denied due to lack of supporting documentation. It wasn’t that the course was a bad idea, but the family hadn’t properly presented it as a therapeutic activity.

How did the right approach make all the difference?

Fortunately, the family didn’t give up. They worked with Steve Bliss to gather detailed documentation from their son’s therapist, who explained how the culinary course would help him develop valuable life skills, improve his fine motor skills, and increase his social interaction. The therapist wrote a letter explicitly stating the course was part of a larger therapeutic plan designed to enhance his independence and overall well-being. They also emphasized the potential for vocational training and future employment. With this supporting documentation, they successfully appealed the SSA’s decision. The SSA recognized the connection between the course and their son’s overall health and approved the expense. The family was overjoyed, and their son thrived in the program, eventually landing a part-time job at a local bakery. It was a perfect example of how proactive planning, thorough documentation, and expert legal guidance can make all the difference in maximizing the benefits of a special needs trust.

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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

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
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Map To Steve Bliss Law in Temecula:


https://maps.app.goo.gl/RdhPJGDcMru5uP7K7

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Address:

Wildomar Probate Law

36330 Hidden Springs Rd Suite E, Wildomar, CA 92595

(951)412-2800/address>

Feel free to ask Attorney Steve Bliss about: “How do I choose someone to make decisions for me if I’m incapacitated?” Or “Can I get reimbursed for funeral expenses from the estate?” or “Can a living trust help me qualify for Medicaid? and even: “How soon can I start rebuilding credit after a bankruptcy discharge?” or any other related questions that you may have about his estate planning, probate, and banckruptcy law practice.