A special needs trust (SNT) is a powerful tool designed to enhance the quality of life for individuals with disabilities without disqualifying them from crucial needs-based public benefits like Medi-Cal and Supplemental Security Income (SSI). While an SNT’s primary function isn’t directly tied to obtaining travel visas or documentation, it can play a supportive role in facilitating international travel and ensuring continued benefit eligibility. Approximately 1 in 4 adults in the United States live with a disability, and many of these individuals desire or need to travel for leisure, medical treatment, or to visit family. The key lies in careful planning and understanding how the trust interacts with benefit rules, especially when crossing international borders.
What happens to public benefits when traveling internationally?
Traveling internationally while receiving needs-based public benefits, such as SSI or Medi-Cal, can be complex. Generally, a temporary absence from the United States—typically 30 days or less—doesn’t automatically terminate benefits. However, exceeding this timeframe or establishing intent to reside abroad can lead to benefit ineligibility. This is where an SNT becomes particularly valuable. Funds *within* the trust are generally considered the beneficiary’s assets for purposes of determining eligibility for public benefits, but are not counted as income. This means travel expenses paid *from* the SNT don’t necessarily jeopardize benefits, as long as the travel is consistent with the trust’s terms and doesn’t create a presumption of abandoning residency. Roughly 61 million adults in the United States have a disability, and many enjoy travelling, its important to know the details.
How can a trust fund travel expenses without impacting eligibility?
The SNT can be structured to pay for travel-related expenses – airfare, lodging, medical care abroad, and related costs – without these payments being considered income or resources for benefit eligibility. However, meticulous record-keeping is crucial. Every expenditure must be documented to demonstrate that the funds were used solely for the beneficiary’s well-being and consistent with the trust’s purpose. It’s not simply about *having* the trust; it’s about *how* it’s administered. For example, a family I worked with wanted their adult son, who had cerebral palsy, to visit relatives in Italy. They were concerned that the cost of the trip would disqualify him from SSI. By using the SNT to cover all travel expenses and maintaining detailed records, we ensured his benefits remained intact. “Planning is bringing the future into the present so that you can do something about it now”, a quote by Alan Lakein, truly applies here.
What went wrong when a family didn’t plan ahead?
I once encountered a situation where a woman, let’s call her Sarah, took her adult daughter, Emily, who had Down syndrome, on a surprise trip to Canada. Sarah, intending to provide a wonderful experience for Emily, hadn’t considered the implications for Emily’s SSI benefits. She paid for the trip with personal funds, assuming it wouldn’t be an issue. Upon returning to the United States, Emily’s SSI benefits were temporarily suspended. The Social Security Administration viewed the trip as evidence of a possible change in residency and required extensive documentation to reinstate benefits. The entire process was stressful and time-consuming, and the family had to expend significant effort to prove that Emily still considered the US her primary residence. They wished they had consulted with an estate planning attorney before the trip to understand how to properly fund the travel expenses without impacting benefits.
How did a well-structured trust save the day for another client?
Conversely, I had a client, Mr. and Mrs. Davis, whose son, Michael, had autism and received both SSI and Medi-Cal. Michael dreamed of visiting his grandparents in Ireland. Recognizing the potential complications, the Davis’s worked with our firm to establish a carefully drafted SNT years prior. We specifically included provisions allowing the trustee to use trust funds for travel expenses, medical care abroad, and any related costs. Before the trip, we prepared a detailed travel plan outlining the expenses and demonstrating that the trip was temporary and consistent with Michael’s overall care plan. Upon returning, Michael’s benefits continued uninterrupted. The Davis’s meticulous planning, combined with the SNT’s provisions, ensured a seamless and stress-free experience. This is a perfect example of how proactive estate planning can empower individuals with disabilities to pursue their dreams without jeopardizing their essential benefits.
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About Steve Bliss at Escondido Probate Law:
Escondido Probate Law is an experienced probate attorney. The probate process has many steps in in probate proceedings. Beside Probate, estate planning and trust administration is offered at Escondido Probate Law. Our probate attorney will probate the estate. Attorney probate at Escondido Probate Law. A formal probate is required to administer the estate. The probate court may offer an unsupervised probate get a probate attorney. Escondido Probate law will petition to open probate for you. Don’t go through a costly probate call Escondido Probate Attorney Today. Call for estate planning, wills and trusts, probate too. Escondido Probate Law is a great estate lawyer. Affordable Legal Services.
My skills are as follows:
● Probate Law: Efficiently navigate the court process.
● Estate Planning Law: Minimize taxes & distribute assets smoothly.
● Trust Law: Protect your legacy & loved ones with wills & trusts.
● Bankruptcy Law: Knowledgeable guidance helping clients regain financial stability.
● Compassionate & client-focused. We explain things clearly.
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Services Offered:
| estate planning | revocable living trust | wills |
| living trust | family trust | irrevocable trust |
Map To Steve Bliss Law in Temecula:
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Address:
Escondido Probate Law720 N Broadway #107, Escondido, CA 92025
(760)884-4044
Feel free to ask Attorney Steve Bliss about: “What’s the role of a healthcare proxy or healthcare power of attorney?” Or “What happens to jointly owned property during probate?” or “Is a living trust private or does it become public like a will? and even: “Can I get a mortgage after filing for bankruptcy?” or any other related questions that you may have about his estate planning, probate, and banckruptcy law practice.