Can a Guardian Serve as a Trustee of a Special Needs Trust?

Under the SSI, SSDI and Medicaid rules, is the guardian of a beneficiary with disabilities able to act as trustee of a third-party special needs trust?

In general, there is no express limitation on having a special needs trust beneficiary's guardian serve as trustee of a special needs trust.  However, a trustee in this position has to be very careful not to co-mingle the trust assets with the beneficiary's own funds.  While not expressly prohibited, we do not recommend that a beneficiary’s spouse serve as trustee of a special needs trust.

Article Last Modified: 03/11/2015

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