Setting up a special needs trust is a major step in helping a loved one with certain disabilities live a more secure and supported life. Beyond the paperwork and planning, one key decision that can make or break everything is who you will choose to manage such a trust.
Many people think of family friends or close relatives as the obvious choice. After all, they care deeply about your family. But being a trustee comes with more than just good intentions. It involves managing money, keeping records and following strict rules. Choosing the wrong person can lead to stress, tension or even legal trouble down the road.
When good intentions are not enough
Being a trustee is a long-term role that requires patience, organization and a clear understanding of what the trust allows and what it does not. Here are a few things to think about before giving someone that responsibility:
- Do they have time? Managing a trust is not a quick job. The person you choose must be available and ready to act when decisions come up.
- Are they organized? Record-keeping is a big part of the job. Every dollar spent must be tracked in case it is ever questioned.
- Can they stay neutral? Family dynamics can get complicated, especially when money is involved. A trustee should stay calm, fair and focused on what is best for your loved one.
- Do they understand limits? Special needs trusts have strict rules. A well-meaning gift or payment can accidentally hurt your loved one’s eligibility for public benefits.
Sometimes, the people closest to you may not be the best fit for this role — and that is okay. The goal is to protect your loved one, not to please everyone.
Choosing the right trustee is just one piece of the bigger picture. With the right legal help, you can create a plan that truly works for your family.