Who should I name as the trustee of my Special Needs Trust?

When creating a Special Needs Trust (SNT) in California, it is important to name a trustee. The trustee of a SNT is responsible for managing the assets in the trust and overseeing all distributions of the funds to the designated beneficiary. The California Probate Code provides guidance regarding the selection of a trustee. Generally, a trustee can be any individual or institution that is over 18 years of age and has the legal capacity to act. Further, the trustee must be knowledgeable in matters of trust administration, including tax considerations and trust provisions, and should have the ability to manage the trust’s assets responsibly. When selecting a trustee, you should consider who you know and trust to be reliable, honest, and capable of managing the trust. You may name a family member, friend, or financial institution as the trustee. If you have a large amount of assets, you may want to consider naming a professional or financial institution as the trustee for their knowledge and expertise. In addition, naming a family member or friend as the trustee may cause conflict in the event of disputes or disagreements among family or friends. When considering who to name as the trustee of your Special Needs Trust, you should be sure to carefully select someone with the necessary qualifications and who you trust to handle the responsibility. It is important to seek legal counsel if you are not sure who you should appoint as trustee.

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