Can a special needs trust subsidize a caregiving mobile app subscription?

The question of whether a special needs trust (SNT) can pay for a caregiving mobile app subscription is a nuanced one, heavily dependent on the specific trust language, the beneficiary’s needs, and applicable state and federal regulations. Generally, SNTs are designed to supplement, not supplant, government benefits like Medi-Cal or Supplemental Security Income (SSI). Therefore, any expenditure must align with this principle; meaning it cannot jeopardize the beneficiary’s eligibility for those vital programs. However, increasingly, tools like caregiving apps are considered essential supports, potentially falling within permissible trust expenditures, provided proper documentation and justification are in place. Approximately 65% of family caregivers report feeling overwhelmed, highlighting the need for accessible support tools.

What Expenses *Can* a Special Needs Trust Cover?

Typically, SNTs can cover a wide range of expenses that enhance the quality of life for a beneficiary with special needs, including medical expenses not covered by insurance, therapies, recreational activities, and assistive technology. Consider this: a robust SNT might fund specialized summer camps, adaptive sports equipment, or even art classes designed for individuals with disabilities. The key is demonstrating that the expense is for the *benefit* of the beneficiary and doesn’t duplicate existing governmental support. It’s crucial to remember that the IRS has strict guidelines; distributions must be solely for the beneficiary’s benefit and cannot be for the benefit of anyone else. A well-drafted trust will clearly outline permissible expenses, providing a roadmap for trustees to follow.

Is a Caregiving App Considered a “Necessary” Expense?

This is where the conversation gets more complex. While a mobile app subscription might seem relatively inexpensive – often ranging from $10 to $50 per month – it must be demonstrably “necessary” to support the beneficiary’s health and well-being. If the app provides vital functions like medication reminders, appointment scheduling, communication with caregivers, or emergency alerts, it’s more likely to be considered a permissible expense. “We’ve seen a shift,” explains Ted Cook, an Estate Planning Attorney in San Diego, “from simply providing financial support to proactively funding tools that empower beneficiaries and their caregivers.” For example, an app that facilitates remote monitoring of a beneficiary’s vital signs could be justified, particularly if it reduces the need for costly in-home care. However, a purely entertainment-based app would likely be disallowed.

I Remember Old Man Hemlock…

Old Man Hemlock, bless his soul, was a stubborn one. His daughter, Sarah, managed his SNT, and he vehemently resisted any “newfangled technology.” She tried to get approval to cover a medication reminder app, knowing his memory was failing and he often missed doses. The trustee, concerned about strict adherence to the trust document, initially denied the request, fearing it wasn’t a “traditional” medical expense. As a result, Mr. Hemlock’s health suffered setbacks due to missed medication, leading to unnecessary hospital visits. It highlighted the importance of interpreting trust language with flexibility and considering the evolving needs of the beneficiary – and the need for legal counsel specializing in SNTs.

But Then There Was Young Maya…

Young Maya, a bright teenager with cerebral palsy, relied heavily on a team of caregivers. Her mother, Lisa, secured approval from the trustee to fund a caregiving app subscription that facilitated seamless communication between all caregivers, allowing for real-time updates on Maya’s needs and activities. The app also included a feature that tracked Maya’s therapy appointments and medication schedule, significantly reducing the risk of errors. It not only improved the quality of Maya’s care but also provided Lisa with peace of mind, knowing that everyone involved was on the same page. The trustee was pleased with the positive impact of the app, recognizing it as a valuable tool that enhanced Maya’s independence and well-being. Ted Cook often reminds clients, “A proactive approach to funding supportive technology can be a game-changer for both the beneficiary and their family.” Approximately 70% of caregivers who use caregiving apps report a reduction in stress and improved communication.

Ultimately, determining whether an SNT can subsidize a caregiving mobile app subscription requires a careful review of the trust document, the beneficiary’s specific needs, and applicable regulations. Consulting with an experienced estate planning attorney specializing in special needs trusts is crucial to ensure compliance and maximize the benefits for the beneficiary.


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

Map To Point Loma Estate Planning Law, APC, an estate planning attorney near me: https://maps.app.goo.gl/JiHkjNg9VFGA44tf9


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