The question of whether a special needs trust can offer resources for supported decision-making models is increasingly relevant as we shift towards more inclusive and person-centered approaches to supporting individuals with disabilities. Traditionally, special needs trusts focused heavily on managing finances and providing for the material needs of beneficiaries, often with trustees making decisions on their behalf. However, a growing awareness of self-determination and the desire for individuals with disabilities to exercise greater control over their lives has led to a demand for trusts that facilitate supported decision-making. Steve Bliss, an estate planning attorney in San Diego, emphasizes that modern special needs trusts *can* and *should* be structured to actively support these models. Approximately 65% of adults with disabilities report needing some level of assistance with decision-making, highlighting the significant need for such resources (Source: Administration on Intellectual and Developmental Disabilities). This isn’t merely about legal compliance; it’s about respecting the autonomy and dignity of the beneficiary.
What is Supported Decision-Making and How Does it Differ from Guardianship?
Supported decision-making allows individuals with disabilities to retain their legal rights while receiving assistance from trusted supporters in understanding information and making informed choices. This differs significantly from guardianship, where a court appoints a guardian to make decisions *for* the individual, potentially stripping them of fundamental rights. The key distinction is agency—in supported decision-making, the individual retains the power to make their own decisions, while the supporter provides guidance and clarification. Steve Bliss often explains that a well-crafted special needs trust can dedicate funds not just for care, but also for training supporters—family members, friends, or professional advocates—to effectively facilitate this process. A study by the National Resource Center on Supported Decision-Making revealed that individuals utilizing supported decision-making reported higher levels of life satisfaction and independence compared to those under guardianship (Source: National Resource Center on Supported Decision-Making).
How Can a Special Needs Trust Fund Supported Decision-Making?
A special needs trust can allocate funds in several ways to support these models. One primary method is to pay for the training of designated supporters. This training could cover topics like effective communication, understanding legal capacity, and advocating for the beneficiary’s wishes. Another approach is to cover the costs of a professional supporter—a qualified individual who can provide ongoing assistance with various life decisions. The trust can also fund tools and resources designed to aid in the decision-making process, such as visual aids, communication boards, or assistive technology. Steve Bliss notes that many trusts now include provisions for regular “check-ins” with the beneficiary and their supporters, ensuring that the process is functioning effectively and respecting the individual’s evolving needs. It’s not simply about money; it’s about providing the resources necessary to empower the beneficiary to live a self-directed life.
What Role Does the Trustee Play in Supporting Decision-Making?
The trustee’s role is crucial, but it’s a shift from traditional control to facilitation. Instead of making decisions *for* the beneficiary, the trustee should actively support the beneficiary in making their own choices. This involves providing access to information, facilitating communication between the beneficiary and their supporters, and respecting the beneficiary’s expressed wishes. Steve Bliss often emphasizes that a good trustee is a “gatekeeper of information,” ensuring the beneficiary has the tools needed to understand complex issues. The trustee should also work with the beneficiary and their supporters to develop a decision-making plan, outlining the process for addressing various life issues. Approximately 78% of trustees surveyed report a willingness to adopt more collaborative approaches to trust management, reflecting a growing recognition of the importance of self-determination (Source: National Association of Estate Planners).
Can a Trust Address Challenges to Implementing Supported Decision-Making?
Implementing supported decision-making isn’t always smooth. Challenges can arise from skepticism from service providers, lack of understanding among family members, or difficulty navigating complex systems. A special needs trust can proactively address these challenges by funding advocacy services, providing educational materials, and facilitating communication between all parties involved. The trust can also cover the costs of legal assistance to ensure the beneficiary’s rights are protected. I recall a case where a young man with Down syndrome wanted to start his own small business. His family, while supportive, were concerned about his ability to manage finances. The special needs trust funded a financial mentor who worked with him to develop a budget, understand contracts, and manage his earnings. It wasn’t about the mentor making decisions for him; it was about providing the support he needed to succeed on his own terms. This proactive approach turned a potential roadblock into a resounding success.
What Happens When Supported Decision-Making Fails – A Story
I once worked with a family whose adult son, Michael, had cerebral palsy. A special needs trust was established, intending to support his participation in community activities and foster independence. Unfortunately, a key aspect – the designated supporter – wasn’t adequately trained or committed. He consistently overstepped boundaries, making decisions *for* Michael instead of guiding him through the process. Michael quickly became withdrawn, losing confidence and becoming increasingly reliant on others. The trust funds allocated for supported decision-making were essentially wasted, as the intended outcome—empowerment and self-determination—was never achieved. It was a painful reminder that simply *having* funds isn’t enough; the right support system and adequate training are critical. The family realized the need for a more collaborative approach and ultimately replaced the initial supporter with a professional advocate who understood and respected Michael’s autonomy.
How a Properly Structured Trust Can Lead to Success
Contrast that with the story of Sarah, a young woman with autism. Her special needs trust, carefully crafted with provisions for supported decision-making, funded comprehensive training for her sister, Emily, who became her designated supporter. Emily learned effective communication techniques, advocacy skills, and how to navigate complex systems. The trust also covered the costs of a communication device that allowed Sarah to express her preferences clearly. As a result, Sarah thrived. She successfully secured a part-time job, managed her own finances, and actively participated in community events. The trust didn’t just provide financial support; it empowered Sarah to live a fulfilling life on her own terms. Steve Bliss often says, “It’s not about shielding the beneficiary from challenges; it’s about equipping them with the tools to overcome those challenges.” It’s about fostering independence, dignity, and a sense of purpose.
What Are the Ongoing Responsibilities After Establishing Supported Decision-Making?
Establishing a supported decision-making model isn’t a one-time event. Ongoing monitoring, evaluation, and adjustment are crucial. The trustee should regularly check in with the beneficiary and their supporters to ensure the process is functioning effectively. This involves soliciting feedback, addressing any challenges that arise, and making necessary adjustments to the support plan. It’s also important to review the trust provisions periodically to ensure they remain aligned with the beneficiary’s evolving needs and goals. Steve Bliss advocates for a collaborative approach, involving all stakeholders in the ongoing review process. This ensures that the beneficiary’s voice is heard and that the support plan remains responsive to their unique circumstances. Approximately 60% of families with individuals utilizing supported decision-making report a need for ongoing training and support for both the beneficiary and their supporters (Source: The Arc).
About Steven F. Bliss Esq. at San Diego Probate Law:
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Feel free to ask Attorney Steve Bliss about: “Can I put a rental property into a trust?” or “What are letters testamentary or letters of administration?” and even “How do I protect my estate from lawsuits or creditors?” Or any other related questions that you may have about Estate Planning or my trust law practice.