Can the disabled person actually serve as trustee of their Special Needs Trust?
No, we do not recommend this combination. The primary purpose of a special needs trust is that the beneficiary will not have access to the principal or the income of the trust. The trust assets are specifically for the benefit of the person with the disability, but they need to be managed by a separate trustee. We recommend the disabled person has no power or authority to direct the payment of the trust assets to other parties, but if a family member serves as trustee then they will know the needs of the disabled person.
