Substance addiction is by no means rare, impacting as many as 40 million people, or more than one in seven Americans. Because of its prevalence, navigating a loved one’s addiction is actually a relatively common topic in everyday life, and one you should consider when planning your estate. Whether the addiction is substance-related (such as alcoholism or drug abuse) or behavioral (such as gambling or even compulsive shopping), we all want our loved ones to be safe and experience a successful recovery. A properly created estate plan can help.
The idea that money from a trust could end up fueling addictive behaviors can be a particularly troubling one. Luckily, it’s possible to create trusts in such a way that you’ll ensure your wealth has only a positive impact on your loved one during their difficult moments.
Funding for treatment
One of the ways your trust can have a positive influence on your loved one’s life is by helping fund their addiction treatment. If a loved one is already struggling with addiction issues, you can explicitly designate your trust funds for use in his or her voluntary recovery efforts. In extreme cases where an intervention of some sort is required to keep the family member safe, you can provide your trustee with guidance to help other family members with the beneficiary’s best interests by encouraging involuntary treatment until the problem is stabilized and the loved one begins recovery.
Incentive trusts
Incentive features can be included in your estate planning to help influence the behavior of the person in question. For example, the loved one who has an addiction can be required to maintain steady employment or voluntarily seek treatment in order to obtain additional benefits of the trust (such as money for a vacation or new car). Although this might seem controlling, this type of incentive structure can also help with treatment and recovery by giving a loved one something to work towards. This approach is probably best paired with funding for treatment (discussed above), so there are resources to help with treatment and then benefits that can help to motivate a beneficiary.
Lifetime discretionary trusts
Giving your heirs their inheritance as a lump sum could end up enabling addiction or make successful treatment less likely. Luckily, there’s a better way. Lifetime discretionary trusts provide structure for an heir’s inheritance. If someone in your life is struggling or, perhaps, has struggled with addiction, you can rest easy when you know the inheritance you leave can’t be accessed early or make harmful addiction problem worse.
Of course, you want to balance this lifetime protection of the money with the ability of your loved one to actually obtain money out of the trust. That’s where the critical consideration of who to appoint as a trustee comes in. Your trustee will have discretion to give money directly to your beneficiary or pay on your loved one’s behalf (such as a payment directly to an inpatient treatment center or payment of an insurance premium). When dealing with addiction, your trustee will need to have clear direction as to what appropriate usage of the trust’s funds looks like. Appointing a trustee is always an important task, but it’s made even more significant when that person will be responsible for keeping potentially harmful sums of money out of an addicted person’s hands.
Navigating a loved one’s addiction is more than enough stress already without having to worry about further enablement through assets contained in your trust. Let us help you build an estate plan that can positively affect your loved one and doesn’t contribute to the addiction problem. That way, you can focus your efforts on a solution.
Nielsen Law PLLC provides family focused estate planning to individuals and families in Austin, Round Rock, Cedar Park, and the Central Texas area. For more information and to learn about our firm, please contact us.
