Should a trustee of a supplemental needs trust consult with an attorney to administer the trust?
A trustee of a supplemental needs trust should consult with an attorney that’s familiar with supplemental needs trusts. There are only certain things that a trustee of a supplemental needs trust can pay for the benefit of the beneficiary of that trust. If they overstep those bounds and pay for things that are not allowed under the law for the benefit of that person for whom that trust is designed for, they can destroy and therefore lose the benefits that that special needs beneficiary is receiving through government programs.
Once that person that’s receiving the government benefits loses those benefits, it’s sometimes very difficult to get the benefits back. A trustee has to follow the strict guidelines of the law as demonstrated through the directives in the supplemental special needs trust, and pay only those benefits that are allowed to be paid for the benefit of that special needs person.