The question of whether a trust can pay for resume development, specifically when accessibility accommodations are needed, is a surprisingly common one for Ted Cook, a San Diego trust attorney. It’s not a straightforward ‘yes’ or ‘no,’ as it hinges on the specific language within the trust document, the beneficiary’s situation, and the overall purpose of the trust. Generally, trusts are established to provide for the beneficiary’s well-being—covering needs like healthcare, education, and living expenses. While resume development isn’t a traditionally listed ‘need,’ it can fall under the umbrella of supporting a beneficiary’s ability to become self-sufficient and maintain a decent standard of living, especially when facing challenges. Around 35% of the adult population experiences some form of disability, and for these individuals, accessible resume development isn’t a luxury – it’s a necessity for equal opportunity.
What qualifies as a “reasonable” expense from a trust?
Determining what constitutes a ‘reasonable’ expense is crucial. The trust document usually grants the trustee (the person managing the trust) discretion in interpreting what benefits the beneficiary. A trustee must act in the beneficiary’s best interest and adhere to the ‘prudent person’ rule – meaning they must make financially sound decisions. Resume development, especially with accessibility features like screen reader compatibility, alt text for images, and appropriate color contrast, can be seen as a worthwhile investment in a beneficiary’s employability. The cost must be proportionate to the benefit gained; a $5,000 resume is likely excessive, but $300-$500 for professional, accessible development could be justifiable. Trustees often seek legal counsel, like Ted Cook, to ensure expenses align with the trust’s intent and avoid potential legal challenges from other beneficiaries.
How do accessibility accommodations factor into trust funding?
Accessibility accommodations significantly strengthen the argument for trust funding. For beneficiaries with disabilities, a standard resume might be unusable. The cost of accessible resume development isn’t a ‘want’—it’s an essential requirement for applying for jobs. This shifts the expense from a discretionary item to a necessary support service. Furthermore, the Americans with Disabilities Act (ADA) mandates employers provide reasonable accommodations to qualified individuals. An accessible resume ensures the beneficiary can equally participate in the job application process. A well-crafted, accessible resume can significantly increase a beneficiary’s chances of securing employment, reducing their reliance on trust funds in the long run, and aligning with the trust’s goal of fostering independence.
What if the trust document specifically excludes certain expenses?
If the trust document explicitly excludes “career services” or similar categories, funding resume development becomes trickier. However, Ted Cook often advises clients to explore whether the exclusion is absolute or merely illustrative. The trustee can petition the court or seek guidance from a trust attorney to interpret the language and potentially argue that accessibility accommodations create a unique circumstance justifying the expense. A crucial consideration is the beneficiary’s overall situation; if a beneficiary is unable to work without these accommodations, denying funding could be considered a breach of the trustee’s duty. It’s important to remember that trusts are often created with long-term goals in mind, and investing in a beneficiary’s self-sufficiency can ultimately reduce the trust’s financial burden.
Can a trustee be held liable for improperly denying a reasonable request?
Yes, a trustee can be held liable if they improperly deny a reasonable request that aligns with the trust’s purpose and benefits the beneficiary. This is particularly true if the denial is based on personal bias or a misinterpretation of the trust document. If a beneficiary believes the trustee has acted inappropriately, they can petition the court to review the decision and potentially remove the trustee. Ted Cook has seen cases where trustees, fearing scrutiny, deny reasonable requests, only to face legal challenges and significant costs. The key is documentation – a thorough record of the request, the trustee’s reasoning, and any supporting documentation (like a quote for accessible resume development) is essential.
I once represented a client, Sarah, whose trust explicitly stated it would cover “educational and professional development.” She was a talented graphic designer but visually impaired. She wanted to hire a specialist to create a resume that was both visually appealing and accessible to screen readers. The initial trustee, however, balked, arguing that resume writing wasn’t “true” professional development. He feared it was frivolous. Sarah felt defeated, believing her disability was a barrier to employment. The situation was complex, and she ultimately sought legal counsel. After reviewing the trust document and Sarah’s situation, we drafted a persuasive letter to the trustee, emphasizing the necessity of accessibility for her job search. It detailed how an inaccessible resume would effectively disqualify her from many positions.
Thankfully, this is where things turned around. After careful consideration and legal guidance, the trustee approved funding for the accessible resume development. Sarah’s new resume was a game-changer. It opened doors to opportunities she hadn’t previously considered, and she landed a fulfilling role at a leading design firm. She became self-sufficient and thrived, all because a small investment was made in her accessibility. This story underscores the importance of understanding that ‘professional development’ isn’t limited to formal education—it encompasses any investment that empowers a beneficiary to achieve their career goals, regardless of disability.
In another instance, I had a client named David, a veteran with a traumatic brain injury. His trust was fairly broad but didn’t explicitly mention resume writing. He struggled with executive function skills, making it incredibly difficult to articulate his experience and create a compelling resume. The initial trustee denied his request, claiming the funds were for “essential living expenses.” David felt hopeless, trapped in a cycle of unemployment. We worked together to gather documentation outlining his cognitive challenges and the need for professional assistance. We presented a detailed proposal to the trustee, emphasizing that an accessible, professionally-written resume was crucial for him to overcome his disability-related barriers to employment. It wasn’t just about writing words on paper; it was about providing him with the tools he needed to compete on a level playing field.
Ultimately, the trustee approved the funding, and David’s resume was transformed. He received multiple interview requests and eventually landed a fulfilling job that allowed him to regain his independence and purpose. These cases illustrate that while each trust is unique, the underlying principle remains the same: trustees have a duty to act in the best interests of the beneficiary and provide them with the resources they need to thrive. When it comes to accessible resume development, it’s often a small investment that can yield significant returns, both for the beneficiary and the trust itself.
Who Is Ted Cook at Point Loma Estate Planning Law, APC.:
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