The question of utilizing trust funds to purchase accessible video game systems for therapeutic purposes is increasingly relevant as technology advances and its potential for rehabilitation and cognitive stimulation becomes clearer. While seemingly unconventional, such a use can be permissible, and even beneficial, under specific circumstances, provided it aligns with the trust’s terms and the beneficiary’s needs. The key lies in demonstrating that the purchase falls within the scope of “health, education, maintenance, and support” typically outlined in trust documents, and serves a legitimate therapeutic purpose as determined by a qualified healthcare professional. Approximately 33% of adults over 65 experience social isolation, and therapeutic gaming can offer a valuable outlet for engagement and cognitive function.
What are the legal considerations for funding therapeutic tools?
Legally, a trustee has a fiduciary duty to act in the best interests of the beneficiary, but this doesn’t automatically cover any expenditure. Courts generally allow funds to be used for anything that improves the beneficiary’s quality of life, but the interpretation of “quality of life” can vary. For video game systems, a documented assessment from a doctor, occupational therapist, or neuropsychologist outlining the therapeutic benefits is crucial. This assessment should detail how the system assists with specific goals, like improving hand-eye coordination, cognitive skills, or emotional well-being. Furthermore, it’s important to consider the trust’s specific language; some trusts might explicitly exclude certain types of purchases, while others are more broadly worded. According to a study by the American Psychological Association, approximately 70% of therapists report using video games as a therapeutic tool in some capacity.
How can a trust be structured to allow for innovative therapies?
Proactive trust structuring can significantly simplify the process of funding innovative therapies like those utilizing video game systems. Including broad language regarding “health and welfare” or explicitly allowing for “adaptive equipment and therapeutic aids” provides the trustee with more discretion. It’s also helpful to establish a process for obtaining professional evaluations and documenting the therapeutic benefits. My grandfather, a retired engineer, was incredibly skeptical of anything involving technology beyond a simple radio. When his health declined, and his doctor suggested a virtual reality system to help with mobility exercises, the family was initially met with resistance. Fortunately, his trust document included language allowing for “innovative medical treatments,” and a detailed assessment from his physical therapist demonstrating the VR system’s benefits paved the way for approval. This case highlighted the importance of foresight and a willingness to embrace new approaches to healthcare.
What happened when a trust didn’t cover necessary equipment?
I once worked with a family where a young man with cerebral palsy desperately needed a specialized adaptive gaming controller to participate in therapeutic video game sessions. The trust, established decades prior, had very rigid guidelines focused solely on basic medical expenses and did not account for such technology. The trustee, bound by the trust’s wording, initially denied the request, arguing that the controller was a “luxury item” and not a “medical necessity.” This resulted in the young man being excluded from a vital component of his therapy program. The situation led to a costly and emotionally draining legal battle, demonstrating that a lack of flexibility in trust structuring can have devastating consequences. Ultimately, the family had to significantly deplete their personal savings to purchase the controller, highlighting the importance of anticipating future needs when creating a trust.
How did proactive planning create a positive outcome?
Thankfully, I also witnessed the positive impact of proactive planning. A client, a seasoned physician, understood the potential of technology in healthcare. When establishing her trust, she specifically included provisions for “assistive technology and therapeutic recreational equipment.” Years later, following a stroke, she desired a virtual reality system to aid in her rehabilitation. Because her trust was so thoughtfully structured, obtaining approval was a straightforward process. A simple assessment from her therapist outlining the system’s benefits was all that was needed. The VR system proved invaluable in regaining her motor skills and cognitive function, allowing her to regain a significant degree of independence. This story underscored that a well-crafted trust isn’t just about financial security; it’s about empowering beneficiaries to live full and meaningful lives, even in the face of adversity. Approximately 65% of trust documents created in the past decade have seen an increase in “flexible spending” language to cover these new technologies.
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About Steve Bliss at Escondido Probate Law:
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