Families facing substance use disorders know how complicated the situation can be. You want to protect your loved one, provide for them, and support their recovery, but without putting them or their inheritance at risk. A traditional estate plan may not provide the necessary safeguards. With thoughtful planning, it’s possible to leave a meaningful legacy while avoiding harm. The right legal tools can help you express care while maintaining healthy boundaries.
Why Standard Inheritance May Not Be the Right Fit
Leaving an outright gift to a loved one who struggles with addiction can do more harm than good. A lump-sum inheritance, even with the best intentions, may quickly disappear—used in ways that undermine recovery or worsen a relapse. There’s also the risk that the funds could disqualify the beneficiary from government benefits or end up in the hands of creditors.
Inheritance planning in these situations must be approached with compassion. The goal is not to punish or exclude your loved one, but to protect them and their future.
Trust-Based Solutions for Long-Term Protection
Trusts can offer the structure and control needed when a beneficiary is dealing with substance use issues. With the right terms, they can preserve assets while providing ongoing support.
- Discretionary Trusts give a trustee the power to manage and distribute funds based on your wishes. There’s no obligation to release funds unless it’s deemed appropriate.
- Spendthrift Clauses shield trust assets from creditors, lawsuits, and even the beneficiary’s own poor decisions.
- Substance Use-Specific Provisions allow you to include guidance about what circumstances should trigger or limit distributions, such as treatment engagement or sobriety milestones.
- Professional Trustees, such as attorneys, banks, or trust companies, can act as neutral third parties, helping avoid conflict or resentment among family members.
These tools provide flexibility and control, but they also reflect your hopes for your loved one’s health and stability.
Conditions and Incentives to Support Recovery
Trusts can be drafted with provisions that both encourage recovery and provide for a loved one’s basic needs. Instead of cutting someone off or handing over money without oversight, you can outline specific conditions for distributions. Examples include:
- Showing proof of attendance in a recovery program
- Maintaining a period of sobriety, verified by a medical professional
- Being employed, in school, or enrolled in job training
- Participating in counseling or mental health treatment
These provisions must be handled with care. Too much pressure can backfire, while too little structure may be ineffective. A well-written trust will strike a balance between accountability and compassion.
Funding for Health and Treatment
You can also direct your trust to cover important healthcare expenses, regardless of your loved one’s ability to meet other conditions. This can include:
- Substance use disorder treatment and rehabilitation
- Therapy or mental health support
- Medical costs, including insurance premiums or prescriptions
- Safe housing or transitional living arrangements
By setting aside money for these purposes, you can give your loved one a safety net that doesn’t require them to ask for help during moments of struggle.
A Balanced, Compassionate Strategy
Creating an estate plan when substance use is involved isn’t easy. However, taking action allows you to provide long-term care in a manner that aligns with your values. You’re not abandoning your loved one; you’re making sure your support doesn’t unintentionally enable behavior that could harm them.
With the right legal tools, you can leave a legacy that supports healing, honors your intentions, and respects the complexities your family may be facing.
How Surprenant, Beneski & Nunes Can Help
If someone you care about is affected by substance use, Surprenant, Beneski & Nunes, P.C. can help you create a plan that protects your legacy and supports their well-being. Our team works with you to design trusts that balance flexibility with clear guidance.
Reach out today to start a conversation that’s judgment-free, supportive, and tailored to your family’s needs.