The question of whether a special needs trust can fund customized wearable tech for mobility tracking is increasingly relevant as technology advances and the needs of beneficiaries evolve. Traditionally, special needs trusts (SNTs) have focused on essential needs like medical care, housing, and therapies, but the definition of ‘essential’ is broadening. Wearable technology, such as GPS trackers embedded in bracelets or smartwatches, can significantly enhance the safety and independence of individuals with disabilities, particularly those prone to wandering, or requiring constant supervision. However, utilizing trust funds for such purchases requires careful consideration of the trust document’s language and the beneficiary’s specific needs, ensuring alignment with the grantor’s intent and avoiding potential conflicts with government benefits eligibility. Roughly 30% of children with autism spectrum disorder are at risk of wandering, presenting a real safety concern for families and caregivers; proactive solutions, like wearable tech, are becoming paramount.
What are the limitations of using trust funds for non-traditional items?
One major concern is maintaining eligibility for needs-based government programs like Supplemental Security Income (SSI) and Medicaid. These programs often have strict asset limits; distributions from a trust that are considered ‘available resources’ can disqualify a beneficiary. However, distributions used for the ‘sole benefit’ of the beneficiary, meaning they address a need that wouldn’t otherwise be met, are often permissible. The key is demonstrating that the wearable technology is medically necessary or substantially improves the beneficiary’s quality of life. For example, a GPS tracker for a child with autism who frequently elopes could be justified as a safety measure preventing harm, and thus, an allowable expense. It’s critical to document this rationale thoroughly, in consultation with an attorney specializing in special needs planning. A study by the National Autism Center found that wandering incidents decreased by 60% when GPS tracking devices were utilized and coupled with effective response protocols.
How can a trust be structured to allow for technological advancements?
A well-drafted trust document should anticipate future needs and allow for flexibility. Including broad language regarding ‘health, education, maintenance, and support’ can provide trustees with discretion to fund items like wearable technology, even if not specifically mentioned. Some trusts also include a ‘technology clause’ explicitly acknowledging the potential for future technological advancements that could benefit the beneficiary. This clause can empower the trustee to make informed decisions without seeking court approval for every new expense. Furthermore, the trust can establish a separate ‘quality of life’ fund, dedicated to discretionary expenses like technology, recreation, and travel, providing additional financial flexibility. We recently assisted a family in amending their trust to specifically authorize funding for adaptive gaming equipment and assistive communication devices, vastly improving their adult son’s engagement and independence.
What happened when a trust didn’t cover these evolving needs?
I remember a case involving a young man named David, who had Down syndrome and a history of wandering. His mother had established a trust years prior, focused primarily on residential care and medical expenses. When a new GPS tracking watch became available, offering enhanced safety features and real-time location updates, she wanted to purchase it using trust funds. However, the trust document didn’t explicitly allow for such technology, and the trustee was hesitant to approve the expense without court intervention. This led to a lengthy and costly legal battle, delaying the purchase and putting David at continued risk. The frustration was palpable; his mother simply wanted to provide him with an extra layer of protection, but bureaucratic hurdles stood in her way. It highlighted the importance of proactive planning and anticipating future needs.
How did proactive trust planning solve a similar issue?
Fortunately, we were able to help another family, the Millers, avoid a similar situation. Their daughter, Emily, had cerebral palsy and required constant supervision. When they established her special needs trust, they specifically included a clause allowing the trustee to fund “assistive technology and innovative solutions that enhance Emily’s safety, independence, and quality of life.” When they learned about a new smartwatch with fall detection and emergency SOS features, they easily obtained trustee approval, and Emily was quickly equipped with the device. It provided their family with immense peace of mind, knowing that Emily could summon help if she needed it. The proactive approach, and the clearly defined trust language, allowed them to embrace technological advancements without unnecessary delays or legal complications. The Millers’ story is a testament to the power of thoughtful planning and anticipating the evolving needs of a loved one with disabilities.
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About Steve Bliss at Escondido Probate Law:
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