Absolutely, a special needs trust can, and arguably *should*, include a social media policy for privacy protection, especially given the increasing digital footprint of individuals with special needs and the potential impact on their public benefits. These trusts are designed to supplement, not supplant, government assistance programs like Supplemental Security Income (SSI) and Medi-Cal, and improper use of social media could inadvertently disqualify a beneficiary from receiving these vital resources. Approximately 65% of adults with disabilities report using social media, highlighting the need for careful planning and guidance. A well-crafted policy within the trust document can establish clear boundaries and safeguards to protect the beneficiary’s eligibility and overall well-being.
What happens if a beneficiary posts about receiving gifts?
One of the biggest risks arises from beneficiaries inadvertently disclosing information about the assets held within the trust, or receiving gifts that exceed allowable limits under SSI guidelines. SSI has a strict income limit, and even seemingly small gifts or contributions can jeopardize benefits. For example, imagine a young man named David, who had a developmental disability and relied on his special needs trust for supplemental care. His well-meaning aunt, excited about his birthday, publicly posted on Facebook about sending him a generous gift card. This post, unfortunately, came to the attention of the Social Security Administration, triggering an investigation and a temporary suspension of David’s SSI benefits. According to the SSA, in 2022, over 10,000 cases were opened relating to unreported income or assets, many stemming from public social media postings. This illustrates a significant and real danger.
How can a trust document limit social media activity?
The trust document can specifically address social media usage by outlining permissible and prohibited content. This might include restrictions on posting about trust assets, gifts received, or personal financial information. It can also grant the trustee the authority to monitor the beneficiary’s social media activity, with appropriate safeguards for privacy. For example, a trust might state: “The beneficiary shall not post any information on social media platforms that reveals the existence or value of assets held within this trust, or details regarding gifts or income received.” It’s crucial that the policy is drafted with the beneficiary’s capacity in mind; overly restrictive policies can be counterproductive. About 30% of individuals with intellectual or developmental disabilities have limited access to technology or internet usage, so a policy needs to be reasonable and tailored to their individual skills.
Can a trustee actively manage a beneficiary’s online presence?
While complete control is undesirable, a trustee can implement safeguards, such as requiring trustee approval before any significant online posts, or assisting with privacy settings on social media accounts. Some families opt for “digital trustees” or designated individuals to help manage the beneficiary’s online footprint. It’s important to balance protection with autonomy and dignity. The trustee’s role isn’t to censor, but to educate and guide. I recall assisting a family where their daughter, Sarah, loved sharing photos online but had difficulty understanding the implications of revealing personal information. The trust allowed the trustee to provide ongoing support with privacy settings and content review, fostering a safe and positive online experience.
What happens when proactive planning avoids disaster?
Fortunately, the opposite scenario can also unfold with careful planning. My client, Emily, a single mother, established a special needs trust for her son, Michael, who had autism. As part of the trust, she included a social media policy that provided ongoing education and support, and allowed her to monitor his activity with his knowledge. Years later, Michael began posting about winning a small raffle prize – a gift basket valued at $75. Because of the trust’s provisions, Emily was able to discreetly advise Michael to remove the post, explaining the potential impact on his benefits. The proactive step avoided a potential investigation and ensured Michael continued to receive the essential support he needed. This demonstrates that a well-crafted social media policy isn’t about control, but about empowering the beneficiary to navigate the digital world safely and responsibly, safeguarding their financial well-being for years to come.
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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.
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Feel free to ask Attorney Steve Bliss about: “Can I disinherit someone in my will?” Or “What is an executor and what do they do during probate?” or “Can a living trust help manage my assets if I become incapacitated? and even: “What is a bankruptcy trustee and what do they do?” or any other related questions that you may have about his estate planning, probate, and banckruptcy law practice.