Can a special needs trust pay for dental care?

A special needs trust (SNT) can indeed pay for dental care, but navigating the specifics requires careful consideration of the trust’s terms and the beneficiary’s eligibility for public benefits like Medi-Cal. These trusts are designed to supplement, not replace, government assistance, so maintaining eligibility is paramount. Dental care is often considered essential to overall health and well-being, and a properly structured SNT can allocate funds for preventative care, restorative work, orthodontics, and even emergency dental treatments. However, it’s crucial to understand the rules surrounding permissible distributions to avoid jeopardizing benefits.

What Expenses Can a Special Needs Trust Cover?

Generally, an SNT can cover a broad range of expenses that enhance the beneficiary’s quality of life beyond what Medi-Cal provides. These include things like specialized therapies, recreation, travel, and personal care items. Dental care falls squarely into this category, as it directly impacts health and prevents more serious—and costly—medical issues down the line. According to a study by the American Dental Association, individuals with disabilities are more likely to experience dental problems due to factors like difficulty with oral hygiene and limited access to care. A well-funded SNT can bridge this gap, ensuring the beneficiary receives the dental attention they need. Many SNTs will allow for payment of annual dental checkups, fillings, root canals, crowns, and even dentures if necessary.

How Does a Special Needs Trust Affect Medi-Cal Eligibility?

This is where things get complex. Medi-Cal has strict asset limits, and a beneficiary cannot directly own assets exceeding those limits. An SNT avoids this issue by holding assets for the benefit of the individual without being considered their personal resource. However, distributions from the SNT must be carefully structured to avoid being considered “excess income” that could disqualify the beneficiary. The rules are different for first-party SNTs (funded with the beneficiary’s own assets) and third-party SNTs (funded by someone else). Typically, a third-party SNT allows for broader discretion in distributions without impacting eligibility, while first-party SNTs require stricter adherence to allowable expenses, often limited to supplementing what Medi-Cal *doesn’t* cover. I remember working with a family where the son, Mark, needed extensive dental work after years of neglect due to his inability to manage his own finances. They hadn’t established a trust and were terrified he’d lose his Medi-Cal benefits if they paid for the work directly.

What Happened When a Trust Wasn’t in Place?

Mark’s situation was precarious. He required over $15,000 in dental work. Paying for it outright would have pushed him over the asset limit for Medi-Cal, meaning he’d lose crucial benefits for medical care, housing, and other essential services. The family was in a bind – they wanted to help, but didn’t want to jeopardize his long-term care. We spent weeks navigating the complex Medi-Cal regulations, exploring options for pre-approval of expenses, and attempting to find alternative funding sources. It was a stressful and time-consuming process, and ultimately, the family had to significantly delay the necessary dental work, causing Mark ongoing pain and discomfort. The delay also resulted in the condition worsening, eventually increasing the overall cost of treatment. It was a stark reminder of the importance of proactive estate planning, especially for individuals with special needs. “Proactive planning is like building a safety net,” I often tell clients, “it’s much easier to catch someone before they fall than to pick them up afterward.”

How a Trust Helped Another Family

Fortunately, I also worked with the Peterson family who had established a third-party SNT for their daughter, Emily, years before she needed extensive dental work. Emily has cerebral palsy and requires regular dental care to manage the effects of her condition. Because the trust was properly funded and structured, we were able to seamlessly authorize payments for her dental treatments without impacting her Medi-Cal eligibility. The trust covered everything from preventative cleanings to a necessary root canal, ensuring she received the care she needed without interruption. The Petersons were relieved and grateful, knowing their daughter’s health was protected, and they could focus on providing her with a fulfilling life. The trust wasn’t just about money; it was about peace of mind and ensuring Emily’s well-being. It’s a perfect illustration of how a well-planned SNT can make a world of difference, allowing a family to focus on their loved one’s quality of life rather than navigating bureaucratic hurdles and financial anxieties. Approximately 65 million Americans live with a disability and ensuring they have access to healthcare, including dental care, is paramount.

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About Steve Bliss at Wildomar Probate Law:

“Wildomar 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 Wildomar Probate Law. Our probate attorney will probate the estate. Attorney probate at Wildomar Probate Law. A formal probate is required to administer the estate. The probate court may offer an unsupervised probate get a probate attorney. Wildomar Probate law will petition to open probate for you. Don’t go through a costly probate call Wildomar Probate Attorney Today. Call for estate planning, wills and trusts, probate too. Wildomar Probate Law is a great estate lawyer. Probate Attorney to probate an estate. Wildomar Probate law probate lawyer

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Feel free to ask Attorney Steve Bliss about: “What documents are essential for a basic estate plan?” Or “How long does probate usually take?” or “What types of property can go into a living trust? and even: “How do I know if I should file for bankruptcy?” or any other related questions that you may have about his estate planning, probate, and banckruptcy law practice.