Can the Person with Disabilities be a Trustee?

No. The premise of a Special Needs Trust is that the disabled beneficiary does not have access to the trust assets. Although the trust assets are to be used only for the benefit of the person with disabilities, federal law prevents the person from having any authority to direct how the trust assets are spent.

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Frequently Asked Questions

What is the most important factor to be considered in determining whether a Special Needs Trust is necessary?
Does a person who is receiving Social Security Disability and/or Medicare, but not Medicaid, need a Special Needs Trust?
Should every person with disabilities who receives a litigation award establish a Special Needs Trust?
Does a person who receives a litigation award and is not currently receiving Medicaid benefits need a Special Needs Trust?
Can payments be made to family caregivers?
Is Social Security or Medicare entitled to reimbursement or have a lien for benefits paid?
Why should I use an attorney with a specific expertise in Special Needs Trusts and Public Eligibility Law?
Can trust distributions be made directly to the trust beneficiary?
Can the trust assets be used for family members of the trust beneficiary?
Can the Special Needs Trust own a house?
Can the Special Needs Trust make rent payments for the person with disabilities?
Can the Special Needs Trust purchase an automobile?
What is the biggest disadvantage of a Special Needs Trust to protect litigation proceeds?
Can the Person with Disabilities be a Trustee?
Who can serve as Trustee?
What can the Special Needs Trust pay for?
Can distributions from the Special Needs Trust be made for food, shelter and clothing?

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