In Part One of Choosing a Trustee for Your Special Needs Trust, I discussed all the different responsibilities and jobs a trustee must fulfill to properly administer the trust. It is also important to really assess both the current and potential future needs of your child.
Considerations to Use in Choosing a Trustee
There are a variety of factors that must be weighed and balanced in order to make the best choice possible to manage the Supplemental Needs Trust’s assets while at the same time contribute to the well-being of your special needs child.
- What is the nature of the disability?
- How old is the trust beneficiary?
- Where does the disabled person currently live, and where might that person live in the future?
- What government benefits is the child with special needs now receiving and what might they become eligible to receive?
- What is the life expectancy of the disabled person?
- What is the source of funding of the Special Needs Trust?
- What skills does the potential trustee have?
- Are there sufficient funds for the trustee to be able to hire competent advisers such as accountants, attorneys and caregivers?
- How available is the trustee to manage both the financial and emotional needs of the special needs child?
- Are family members a resource to manage either the trust or a trustee?
- Are non-family members available such as a teacher, family religious leader, an attorney or accountant? Perhaps you or your child belong to a national organization such as the National Alliance on Mental Illness (NAMI) or the Arc (ARC)?
- Does the disabled person have a case manager provided by the state, or a care manager provided privately?
Solutions
In Part Three of Choosing a Trustee for Your Special Needs Trust I will offer a number of different solutions to the problem of finding a trustee to administer your trust who meets the qualifications and considerations that are important to both you and your special needs child.