The question of whether a special needs trust (SNT) can offer resources for supported decision-making models is increasingly relevant as we shift toward greater autonomy for individuals with disabilities. Traditionally, SNTs primarily focused on financial management, ensuring beneficiaries received care without jeopardizing their eligibility for needs-based government benefits like Supplemental Security Income (SSI) and Medicaid. However, the modern understanding of SNTs recognizes the importance of empowering beneficiaries to participate in decisions affecting their lives, and these trusts *can* and *should* facilitate supported decision-making. Approximately 65% of adults with disabilities report needing some level of assistance with daily decisions, highlighting the need for formalized support systems. Ted Cook, as a Trust Attorney in San Diego, emphasizes the proactive integration of these models within trust documents and ongoing administration, it’s not just about managing money; it’s about maximizing quality of life.
What is Supported Decision-Making and Why is it Important?
Supported decision-making (SDM) is a process where individuals with disabilities choose trusted supporters to assist them in understanding information and making their own decisions. It differs significantly from guardianship, which involves one person being legally appointed to make decisions *for* another. SDM respects the individual’s right to self-determination, even if they require assistance. A key benefit is it allows the individual to retain their legal rights and avoids the stigma often associated with guardianship. This aligns perfectly with the goals of many SNTs, which aim to supplement, not supplant, the beneficiary’s own resources and agency.
How Can a Special Needs Trust Fund Supported Decision-Making?
An SNT can fund various resources that facilitate SDM. This includes paying for the services of a ‘support coordinator’ who assists the beneficiary in understanding complex information, exploring options, and communicating their choices. It can also cover the costs of training for the beneficiary and their support network on the principles of SDM, ensuring everyone understands the process and roles involved. Furthermore, the trust can pay for professional assessments to identify the beneficiary’s strengths, needs, and preferences, informing the selection of appropriate supporters. Ted Cook notes, “Many families underestimate the value of ongoing education for both the beneficiary and their support team. A well-funded trust can ensure access to resources that promote continuous growth and empowerment.”
Can Trust Funds Cover the Cost of Support Coordinators?
Absolutely. One of the most effective ways an SNT can support SDM is by funding a support coordinator. These individuals act as facilitators, helping the beneficiary gather information, weigh options, and communicate their wishes. The cost of a support coordinator varies depending on the level of service needed, but can range from a few hours per month to more intensive support. SNT funds can be allocated to cover these costs, ensuring the beneficiary has consistent access to personalized assistance. This isn’t considered a ‘gift’ as it is paying for a service needed to maintain the beneficiary’s quality of life and ability to manage their affairs within the scope of the trust’s purpose.
What Happens When Supported Decision-Making Fails?
I recall a family who established an SNT for their son, Michael, who has Down syndrome. They funded a support coordinator but didn’t clearly define the scope of their role within the trust document. Michael, a gifted artist, wanted to exhibit his work at a local gallery, but his support coordinator, overly cautious, discouraged him, citing potential financial risks. The family, while well-intentioned, had created a situation where the support system inadvertently stifled Michael’s autonomy. It took a significant intervention from Ted Cook to clarify the coordinator’s role – to *support* Michael’s decisions, not dictate them – and empower him to pursue his passion. This highlighted the importance of clear language in the trust document outlining the scope of SDM and the coordinator’s responsibilities, preventing benevolent overreach.
How Can a Trust Document Encourage Independence While Providing Security?
A well-drafted trust document is crucial. It should explicitly state the trust’s intention to support SDM, define the scope of the support coordinator’s role, and outline the process for selecting supporters. It should also include provisions for regular reviews of the beneficiary’s needs and preferences, ensuring the support system evolves with their changing abilities. Furthermore, the document can incorporate a ‘tiered’ approach, where the level of support gradually decreases as the beneficiary demonstrates greater independence. For example, the trust could initially fund full-time support, gradually transitioning to part-time assistance and eventually ceasing support altogether as the beneficiary gains confidence and skills. This approach balances security with the promotion of autonomy.
What Role Does the Trustee Play in Facilitating Supported Decision-Making?
The trustee has a vital role to play. They are responsible for ensuring that the beneficiary receives the resources needed to participate in SDM, including funding for support coordinators, training, and assessments. The trustee must also act as an advocate for the beneficiary, ensuring their voice is heard and their preferences are respected. Ted Cook stresses, “A good trustee isn’t just a financial manager; they are a champion for the beneficiary’s well-being, and that includes empowering them to make their own choices.” The trustee should regularly communicate with the support coordinator and the beneficiary, monitoring the effectiveness of the SDM process and making adjustments as needed.
How Did One Family Successfully Implement Supported Decision-Making with an SNT?
I worked with a family who, after learning about SDM, specifically integrated it into their daughter, Emily’s, SNT. Emily, who has cerebral palsy, always dreamed of living independently. They used trust funds to hire a support coordinator who worked with Emily to develop a detailed plan for independent living, including identifying accessible housing, arranging for necessary supports, and developing a budget. The coordinator also helped Emily practice essential life skills, such as cooking, cleaning, and managing finances. With the support of the trust and the coordinator, Emily successfully moved into her own apartment and is now thriving. The key was not just providing financial resources, but empowering Emily to actively participate in every step of the process. This story exemplifies how SNTs can be powerful tools for promoting self-determination and achieving meaningful outcomes for individuals with disabilities.
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
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