Can a special needs trust include climate-controlled storage rental?

Absolutely, a special needs trust can indeed include the cost of climate-controlled storage rental, provided it aligns with the beneficiary’s health, welfare, and the trust’s overall purpose – preserving eligibility for needs-based government benefits like Supplemental Security Income (SSI) and Medicaid. These trusts, often called (SNTs), are specifically designed to provide for individuals with disabilities without disqualifying them from receiving critical public assistance. The key lies in ensuring the expenditures, including storage costs, are considered “supplemental” and not intended to replace the care or benefits the beneficiary receives from government programs. Approximately 1 in 4 adults in the United States live with a disability, making careful planning with SNTs increasingly crucial for long-term care and financial security.

What Expenses Can a Special Needs Trust Cover?

A special needs trust is remarkably flexible in what it can cover, as long as it doesn’t jeopardize public benefits. Permissible expenses often include things like medical care not covered by insurance, therapies, recreation, education, personal care attendants, and yes, even storage. Consider the scenario of a young artist named Leo, who, after his parents passed, inherited a collection of delicate watercolors and sculpting tools. These items held immense emotional value and were integral to his therapy, but he lacked space in his assisted living facility. The SNT funds were used to rent climate-controlled storage, protecting his artwork and preserving his creative outlet—an expense deemed supplemental to his care.

How Does a Special Needs Trust Affect Government Benefits?

The rules surrounding SNTs and government benefits can be complex. Generally, assets within the trust are not counted towards the beneficiary’s eligibility for SSI or Medicaid, *as long as the trust is properly drafted and administered*. However, direct distributions from the trust to pay for items the beneficiary could otherwise obtain through government programs *will* likely affect benefits. For instance, if the trust paid for a service Medicaid already covers, the beneficiary’s Medicaid benefits could be reduced. According to the Social Security Administration, in 2023, over 8.6 million Americans received SSI benefits, and the meticulous management of SNTs is essential to ensure these vulnerable individuals maintain access to the support they need.

What Happened When Funds Were Misused?

I recall a case involving a client, Mrs. Eleanor Vance, whose adult son, Samuel, had autism and a passion for model trains. After her passing, Samuel’s sister, taking over as trustee, decided to use a significant portion of the SNT funds to purchase an elaborate train set, believing it would improve Samuel’s quality of life. However, the purchase triggered a review of Samuel’s Medicaid eligibility. It was determined the train set was considered a “luxury item” and the value was considered an asset, briefly suspending his Medicaid coverage. The family had to sell the train set, causing emotional distress for Samuel, and legal fees mounted to restore coverage. It underscored the critical importance of carefully vetting all expenditures through the lens of maintaining benefit eligibility.

How Did Careful Planning Save the Day?

Fortunately, a different client, Mr. & Mrs. Ramirez, came to us proactively. Their daughter, Sofia, has Down syndrome and collects vintage postcards – a hobby she finds immensely fulfilling. They wanted to ensure Sofia could continue her collection without jeopardizing her benefits. We advised them to establish a specific allowance within the SNT dedicated to her postcard hobby. The funds were allocated for the purchase of postcards, albums, and protective sleeves, deemed a legitimate recreational expense. Sofia continued to enjoy her collection, and her benefits remained intact. This illustrates that with careful planning and a thorough understanding of the rules, SNTs can empower beneficiaries to pursue their passions and maintain a fulfilling life while remaining eligible for the support they deserve. It’s not just about protecting assets; it’s about safeguarding a person’s quality of life.


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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