Special Needs Answers
Should a Parent Be Trustee of a Special Needs Trust?
A parent may be an excelle...
Read moreCan a Guardian Serve as a Trustee of a Special Needs Trust?
- March 11th, 2015
Q
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?
A
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.