Being the parent of an adult child with special needs can be a challenge at times. Providing for their future well-being after death could be one of them. Many California parents use a special needs trust in order to ensure that their child has financial resources after their deaths without jeopardizing the ability to obtain much needed government services and programs. However, there is always the chance that the trustee may be less than trustworthy, and it may make sense to put certain measures into place to protect the child.
Even though many California parents continue to provide support to their special needs children as long as possible, they may have other family members, and perhaps friends, involved. Friends and family can be invaluable both during the parents’ life and after. Even though parents may painstakingly choose a trustee, there is no guarantee that everything will always go right.
Adults with special needs are often taken advantage of financially. Having close family and friends keep a watchful eye on an adult with special needs may also call for keeping an eye on the trustee as well. Any indication that the trustee is not fulfilling his or her duties may require taking action.
The trustee of a special needs trust owes a duty to the beneficiary (the adult with special needs). The beneficiary may not be able to understand when trust assets are misappropriated or mismanaged. Having additional support to keep an eye on things may prove invaluable. If suspicions of impropriety exist, it may be worthwhile to discuss the situation with a California trust litigation attorney to explore the available legal options.
Source: USA Today, “Planning for adult children with special needs”, Tamara E. Holmes, Jan. 22, 2018