The question of whether a special needs trust can include a personal stylist for adaptive clothing is a surprisingly nuanced one, falling into the broader category of allowable trust expenses. Generally, a special needs trust (SNT) is designed to supplement, not supplant, government benefits like Supplemental Security Income (SSI) and Medicaid. This means expenses must be carefully considered to avoid disqualifying the beneficiary from these crucial programs. However, well-drafted SNTs *can* and often *do* include provisions for quality of life enhancements, and adaptive clothing, along with assistance in selecting it, can absolutely fall into that category, provided it’s approached strategically. Approximately 1 in 4 adults in the US have some type of disability, and ensuring their comfort and dignity is paramount, and that includes appropriate clothing. According to a 2023 study by the National Disability Rights Network, access to adaptive clothing can significantly improve a beneficiary’s self-esteem and participation in community activities.
What expenses are typically covered by a special needs trust?
Typically, SNTs cover essential needs such as medical expenses not covered by insurance, therapies, specialized equipment, recreation, and personal care. The key is demonstrating that the expense doesn’t jeopardize the beneficiary’s eligibility for public benefits. For example, if a beneficiary receives SSI, their income cannot exceed a certain threshold (currently around $874 per month in 2024). A personal stylist, on its own, might be viewed as a discretionary expense, but *when tied to the beneficiary’s specific needs and well-being*, it becomes justifiable. “Think of it as a therapeutic expense,” says Steve Bliss, a San Diego estate planning attorney specializing in special needs trusts. “If the beneficiary has sensory sensitivities, difficulty dressing themselves, or needs clothing modified for medical devices, a stylist specializing in adaptive clothing is akin to an occupational therapist assisting with daily living skills.”
How can a trust document specifically allow for a personal stylist?
The trust document is the governing instrument, and it must explicitly authorize such expenses. Rather than simply stating “personal expenses,” the document should detail the purpose of the stylist. This could read something like: “The Trustee is authorized to engage a qualified personal stylist specializing in adaptive clothing to assist the beneficiary with selecting clothing that accommodates their physical limitations, sensory sensitivities, and medical needs, ensuring comfort, dignity, and participation in social activities.” It’s also vital to document the need – a letter from a physician or therapist outlining the beneficiary’s challenges with clothing and the potential benefits of a stylist strengthens the justification. Often, SNTs allocate a specific annual budget for “quality of life” expenses, which could encompass the stylist’s fees and the cost of adaptive clothing. As of 2024, adaptive clothing is experiencing increased demand, with the market projected to reach $438.16 million by 2032.
I remember a time when a family didn’t plan ahead…
Old Man Tiber, as the locals called him, was a carpenter, a man of strong hands and few words. He loved his grandson, Leo, who was born with cerebral palsy. Old Man Tiber never formally planned for Leo’s future, assuming “things would work out.” When Tiber passed away, Leo inherited a small sum of money directly, which immediately disqualified him from SSI. The family struggled, forced to choose between basic necessities and therapies that could improve Leo’s quality of life. They were devastated, realizing the importance of careful planning. This highlights how direct inheritance, without the protective layer of an SNT, can be detrimental to a beneficiary’s long-term well-being. They were forced to spend down the inheritance rapidly, and it ultimately did little to improve Leo’s circumstances.
But a well-structured trust turned things around…
The Miller family, facing a similar situation, consulted Steve Bliss. They established a third-party special needs trust for their daughter, Clara, who has Down syndrome. The trust explicitly outlined provisions for “quality of life” enhancements, including adaptive clothing and assistance with selecting it. Clara, who struggled with traditional clothing due to sensory sensitivities and difficulty with fasteners, thrived with the help of a personal stylist. The stylist sourced comfortable, easy-to-wear adaptive clothing, boosting Clara’s confidence and allowing her to participate more fully in social activities. The trust funded the stylist’s fees and the cost of the clothing without jeopardizing Clara’s SSI eligibility. The Miller’s proactive planning ensured that Clara received the support she needed to live a fulfilling life, demonstrating the power of a well-drafted SNT to enhance a beneficiary’s quality of life.
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About Steve Bliss Esq. at The Law Firm of Steven F. Bliss Esq.:
The Law Firm of Steven F. Bliss Esq. is Temecula Probate Law. The Law Firm Of Steven F. Bliss Esq. is a Temecula Estate Planning Attorney. Steve Bliss is an experienced probate attorney. Steve Bliss is an Estate Planning Lawyer. The probate process has many steps in in probate proceedings. Beside Probate, estate planning and trust administration is offered at Steve Bliss Law. Our probate attorney will probate the estate. Attorney probate at Steve Bliss Law. A formal probate is required to administer the estate. The probate court may offer an unsupervised probate get a probate attorney. Steve Bliss Law will petition to open probate for you. Don’t go through a costly probate. Call Steve Bliss Law Today for estate planning, trusts and probate.
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