Choosing the Trustee for a Special Needs Trust

If you have a loved one with special needs, you know that it can be physically, mentally and financially demanding to care for them. It can also be extremely nerve-racking to worry about who will take care of the special needs individual when you are no longer able to do so. To find peace of mind, it is important for you to take action now to insure that your loved one will be not only provided for, but also properly cared for after you are gone.

One of the most effective tools for protecting an individual with special needs is to establish a special needs trust. One of our estate planning attorneys can walk you through the process and make sure you understand all of your options. However, one of the most difficult decisions to make is often selecting the trustee for the special needs trust.

There are a wide variety of government programs that provide benefits to disable individuals. However, these programs typically determine the individual’s eligibility based upon financial need. As a result, it is vital that you carefully plan how any money or assets are given to your loved one to ensure that he or she is not disqualified from receiving the much-needed government assistance. By creating a special needs trust and working with an experienced estate planning attorney, you can provide assistance and financial support to your loved one in addition to the government benefits he or she is already receiving.

When it is time to choose the trustee to administer the special needs trust, it is important that you select someone who is familiar with the laws and guidelines involved in state and/or federal programs. Or, if the person you appoint is not experienced in these types of matters, make sure he or she has the assistance of your estate planning attorney. If the trustee spends the funds of the special needs trust improperly, it could put the beneficiary at risk of losing his or her eligibility in the government programs. Don’t let all of your hard work to provide for your loved one be put in jeopardy. Contact one of our knowledgeable attorneys for the advice and guidance you need in creating a special needs trust and choosing the right trustee to manage it.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.