If you have a child with special needs, you probably already know that it is a good idea to set up a Special Needs Trust so that your child has the necessary funds for continual care and support after you pass away. If you do not yet know that, then just accept that it is a very good idea for now. This article is about different considerations in selecting a Trustee for a Special Needs Trust than for other types of Trusts.
The first thing to consider is the ability of the Trustee to interact with your special needs child. Part of this consideration depends on the abilities of your child, but in general you should choose a Trustee who has the ability to explain things to your child. For example, if the Trustee needs to say “No,” to a request made by the child for funds, then it is best to have a Trustee who can explain the reasoning behind the decision to your child.
Another key consideration is a Trustee who knows what claims for reimbursement for your child’s care are not legitimate. Unfortunately, some people seek to take advantage of the disabled. Your Trustee needs to be able to tell the good claims from the bad.
Talk to your estate planning attorney about other things to consider in selecting a Special Needs Trustee.
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